19 April 2009

Review Federal Court’s decision immediately


ALIRAN kepada Ketua Hakim : Segera semak semula keputusan Mahkamah Persekutuan

Saturday, 18 April 2009 17:38
By P. Ramakrishnan (Aliran President
)

The Chief Justice of Malaya Tan Sr Zaki Azmi must do the nation a favour by ordering the Federal Court to review its decision concerning the suspension of BN Menteri Besar Zambry Abdul Kadir and his six executive councillors. This act of the CJ would be perceived by thinking Malaysians as doing national service. It is imperative that he heeds this earnest and urgent call and orders an immediate review.

The decision of the Federal Court was termed as “a perverse judgment” by none other than the much respected and highly regarded N H Chan, a former Court of Appeal judge. To the ordinary Malaysians it was a scandalous judgment that had discredited the five judges and tarnished the judiciary beyond repair.

It is beyond anybody’s imagination how these five learned judges could have ignored and discarded the provisions of the Federal Constitution. N H Chan has referred to Article 72 which touches on the Privileges of Legislative Assembly. This is a very significant Article which had direct bearing to the case before the Federal Court and yet this was completely dismissed as inconsequential to the case.

These provisions confer certain rights and immunity to safeguard the sanctity of the Legislative Assembly which are spelt out very clearly. There is no ambiguity in what has been stated. Even laypersons have no difficulty in understanding these provisions:

72. Privileges of Legislative Assembly.

(1) The validity of any proceedings in the State Assembly of any State shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.

It is amazing that these five learned judges could have overlooked these very important provisions. And we have to ask, “Why?” If they are expected to dispense justice in a fair and impartial manner shouldn’t they have paid attention to the supreme law of the country? We have every right to expect them to be thorough before delivering their judgment.

These five judges are responsible if Malaysians continue to be cynical and skeptical about our judiciary. And we have to wonder how many brave and honest judges are left in the judiciary who will respect the Federal Constitution and remain true to their conscience in delivering justice.

The CJ cannot remain unconcerned and unperturbed over what has taken place. He has to play his role as the guardian of the judiciary and salvage its reputation and restore people’s confidence in the rule of law.

P Ramakrishnan
President Aliran
18 April 2009

http://www.aliran.com

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LYRIC

A blinding flash of white light
Lit up the sky over Gaza tonight
People running for cover
Not knowing whether they're dead or alive

They came with their tanks and their planes
With ravaging fiery flames
And nothing remains
Just a voice rising up in the smoky haze

We will not go down
In the night, without a fight
You can burn up our mosques and our homes and our schools
But our spirit will never die
We will not go down
In Gaza tonight

Women and children alike
Murdered and massacred night after night
While the so-called leaders of countries afar
Debated on who's wrong or right

But their powerless words were in vain
And the bombs fell down like acid rain
But through the tears and the blood and the pain
You can still hear that voice through the smoky haze

We will not go down
In the night, without a fight
You can burn up our mosques and our homes and our schools
But our spirit will never die
We will not go down
In Gaza tonight