THE Police Force Commission (PFC) is established by the federal constitution. Article 140(1) provides that the PFC’s jurisdiction “shall extend to all persons who are members of the police force and which, subject to the provisions of any existing law, shall be responsible for the appointment, confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer and exercise of disciplinary control over members of the police force.”

The PFC was formerly called Police Service Commission (PSC). The PSC’s jurisdiction was stated in simpler terms, which was to extend “to all persons who are members of the police service.” A constitutional amendment in 1960 amended Article 140 and renamed the PSC as PFC whose jurisdiction became more elaborate as provided above.

So, the constitution does place the PFC higher than the inspector-general of police. The latter has the command of the police force by section 4(1) of the Police Act 1967 and is responsible to the Home Minister for the control and direction of the police force and all other persons appointed or engaged for police duties.

But wait.

Article 140(7) states that the word “transfer” in clause (1) above does not include transfer without change of rank within the police force. Clause (7) was inserted into Article 140 by the 1960 constitutional amendment.

It is therefore clear that the legislature did not intend that the PFC should be responsible for the transfer of members of the police force if the transfer involved no change of rank within the force.

This is common sense and prudent. The IGP should not be interfering over transfers of his officers under his command unless the transfers involved a change of rank.

Home Minister Hamzah Zainudin may have refuted allegations that he interfered in the recent transfer process of senior police officers as directed by Inspector-General of Police Abdul Hamid Bador. Hamzah said the decision on the transfers was made by the PFC.

https://www.themalaysianinsight.com/s/310107

If that is the case, it is humbly submitted that the PFC may have overstepped its jurisdiction if the transfers do not involve change of rank. – April 14, 2021.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.