By P. Ramakrishnan (Aliran President)
The legitimately elected but illegally ousted Perak Menteri Besar, Mohd Nizar Jamaluddin, had applied for a full quorum of 11 Federal Court judges to hear his appeal tomorrow.
A majority of Malaysians would support this appeal not only in the interest of justice but also because they want to see the return of confidence in the judiciary. They want the judiciary to be rescued from the doldrums and regain its former glory as a beacon of justice for all Malaysians.
The judiciary is in a shambles. Some judges have contributed to that. The Executive is not without blame either. It had appointed and elevated judges who did not measure up to their oath of office to deliver justice without fear or favour. Lingam’s tape has completely tarnished the judiciary - according to some, beyond repair.
The Perak crisis has further damaged its tarnished reputation , as can be seen in the following instances.
On May 11 High Court judge, Abdul Aziz Abdul Rahim, in a well reasoned decision declared Nizar as the rightful Menteri Besar of Perak.
But shockingly, in less than 24 hours the Court of Appeal granted a stay by Justice Ramli Ali who was just elevated in April – the previous month.
Then in what must be considered as super-speed, 11 days later, on 22 May the appellate court over-turned the sound High Court decision for no apparent reason and incredibly ruled Zambry as the legitimate MB.
In this instance, Justice Md Raus Sharif led a three-member Court of Appeal. Justice Md Raus Sharif was subsequently elevated to the Federal Court which raised many eye-brows.
The way Nizar’s case proceeded had created doubts that are disturbing and damaging to the judiciary.
Malaysians are still wondering why a newly elevated justice to the Court of Appeal should have heard the stay application by Zambry. No compelling reasons or justifications were disclosed for this bewildering decision. The stay order was simply granted – just like that.
This was followed by the over-turning of the High Court decision acknowledging Nizar as the legitimate MB by a three-member Court of Appeal panel headed by Justice Md Raus Sharif.
There was nothing wrong with this decision even though a written judgment was not made available. But surprisingly, Justice Md Raus Sharif was soon afterwards elevated to the Federal Court and tongues began to wag insinuating all kinds of things running down the judiciary.
Since Nizar’s case has cast the judiciary in such a poor light prompting the public to perceive that there was biasness in these cases, it is all the more important why a 11-member Federal Court should hear this case.
There is also the constitutional issue in the Perak crisis that had not been properly addressed and seriously considered thus far. The supreme law deserves to be treated with due respect and given the utmost attention by the apex court and its members.
The issues at stake are crying out for a judicial remedy involving the constitution, the rule of law, the people’s mandate, democracy and justice itself.
The Chief Justice will be doing the judiciary a great duty in the interest of justice and public expection if he were to appoint a full bench to hear this very important case tomorrow. If he fails to do this, then we can with confidence conclude there is no hope for the judiciary.
In such an eventuality, Malaysians must decide once and for all at the 13th General Elections whether they want this rotten system to continue or vote for a complete change.
written by Watchdog, November 04, 2009 22:43:36
written by raven1958, November 04, 2009 23:07:33
written by Ocassey, November 04, 2009 23:36:55
The main problem of all the woes in the nation originate from the ruling Federal government...starting specifically from the 4th PM . That guy brought alot of DYES with him during his tenure to stain and reign.
Subsequent PMs saw and followed what the monkey did !!!
See how easy to rein in and turn all the tainted civil servants , politicians and even some royal houses into puppets !!!
But the greatest puppet masters are LKY, SARKOSKY and one more is coming next week.
DO WE KNOW WHO THE PUPPET IS ON THREE STRINGS ???
written by justice6, November 05, 2009 00:09:36
written by rocky, November 05, 2009 00:11:30
they will not have a 11 member bench, they know how to pick the odds. remember how a judge can rule one way and the direct opposite the other way all based on the same article of law and all for the favour of UMNO/BN. so I do not expect much, Perak needs to wait for next election
written by justice6, November 05, 2009 00:20:12
written by Spear Bing, November 05, 2009 01:00:09
It was also monetary and royal ascendancy aided decision. When he made his decision he was wearing a royal and monetary hat, not an ex-Lord President robe.
Therefore his decision was flawed with biased judgment.
The Court of Public Opinion is hereby adjourned sine dine.
written by Aduh, November 05, 2009 03:13:26
Regardless whether the full quorum is granted or otherwise, beEND has to be toppled. Enough is enough.
written by NSTPravda, November 05, 2009 08:10:14
written by Sutha, November 05, 2009 19:26:03
written by Sutha, November 05, 2009 19:30:06
But with 11, it will be " there, we told you..... 9 disagree with Nizar's points"
And BN will be perpetually right.
So, let it be 5 because the real battle will be COMING SOON....GE13.
written by justice seeker, November 11, 2009 16:30:34
CORRECT, CORRECT, CORRECT. THAT IS WHY TH NAZI WANTS LINGAM TO CONTINUE
TO APPOINT MORE JUDGES WHO ARE "FRIENDLY". FIRST TEST IS A FREE TRIP
TO NZ FOR ALL NEW RECRUITS.
........... another of UMNOs pariah slave dog !