Wednesday, February 10, 2010
Justice is done in by the Federal Court
By Martin Jalleh
Once again justice is shamelessly sacrificed on the altar of political expediency by judicial shenanigans of the highest court in Bolehland. It is a sad day indeed to see how five “blind” men of supposed legal stature strove so hard not to see and sense what was staring at them in the Federal and Perak constitutions.
The judiciary – the very portal of justice continues to be reduced to a convenient playground for the ruling elite to legitimize their power grab, persecute their opponents and promote their political agenda, through the perversion of the rule of law by certain court jesters.
The Federal and Perak Constitutions are dead, done in by those who decided to disregard, desecrate and discard constitutional provisions to treat the doctrine of separation of powers with deference. They are rigorously and rightly interpreted only when it best suits Umno.
In stark comparison to the courageous, cogent and convincing judgment of High Court judge Abdul Aziz Abdul Rahim, the cowed five-member bench caved in and conveniently decided to take the cue from the powers that be.
It comes as no surprise that their “collective written judgement is apparently riddled with contradictions”.The five judges surely qualify for retired Justice N H Chan’s classic category of “recalcitrant” and “Humpty Dumpty” judges in the Perak conundrum.
Today the reputation of the judiciary or whatever was left of it, has been sullied irreparably. In the eyes of the public the judiciary has sunk so low as to allow itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy.
The judiciary has made a decision ignoring the overwhelming implications. As toppled Perak MB Nizar Jamaluddin said: “If this decision goes on and becomes the law of the day, it will lead to an absolute monarchy (which) means the ruler can now dismiss the prime minister or the mentri besar at any time.”
The winds of change promised by the PM have turned into a stench of contemptuous compromise emanating from the corridors of the Palace of Justice. The rhetoric of the Chief Justice on a judicial renaissance and the Attorney-General on a “war against injustice” stink to high heaven.
In the halls of the Palace of Justice hangs a heavy suffocating air of hypocrisy whilst supposed men of honour with hollow character hang on to their high and lofty positions and holler, hype and harp on upholding and interpreting the constitution to the hilt as they hand out whimsical and warped judgments!
The Federal Court decision was merely the next logical step after the historic haste with which the judiciary helped Zambry back to the helm. Less than a day after the KL High Court had ruled in Nizar’s favour, and three hours after Zambry had filed for a stay of execution, a one-man Court of Appeal readily heard the latter and granted him a stay two hours later! Zambry won his appeal 11 days later!
The Federal Court ruling is the climax of the shocking and scandalous manner the judiciary has handled the Perak crisis. It has left behind a dead constitution, “bad” and “perverse” decisions, dubious declaratory orders, judgments devoid of reasoned grounds, and disgraceful double standards.
The judiciary was bursting with bias which even the blind could see!
The added fact that the “Perak cases” were made the exclusive domain of a few judges in the High Courts and especially the Appellate Courts strongly suggests a hidden hand of one who obediently followed the instructions of the same Umno elite who hijacked the Perak state government by high-handed, hideous and heinous means.
What is next fellow Perakians? Yes it was a very unfair judgment but then again life is unfair! Shall we move on and win the war in spite of having lost the battle today? Let us leave the judiciary and the those who make a mockery of our justice system to swim and drown in their own judicial vomit.
Surely the past one year had drawn the rakyat of Perak closer together and made us more daring and determined to dream and drive ourselves towards a Government we really want in Perak. Personally, I have never been to so many PAS ceremahs before in my whole life!
Indeed the Perak Constitutional crisis had forged and fostered formidable comradeship amongst the leaders and members of the parties of Pakatan Rakyat (PR) in Perak. Who can forget the kind of support the PR Aduns gave to one another as they tried to enter the State Assembly or the historic raintree State Assembly? The crisis also revealed the real friends and foes of PR.
The struggle made us Perakians realize that there were heroes amongst us – an MB with an indomitable spirit, a Speaker whose courage became an inspiration to many, a retired judge intensely committed to the law, intrepid principled politicians in the coalition and unknown individuals willing to risk involvement – surely in continued synergy we will be able to serve up a surging and unstoppable wave of change…in the next General Elections!
When a Malaysian is not a Malaysian (Malaysiakini)
PR-status student unable to attend school
Salhan K Ahmad (Malaysiakini)
Unlike other children, 14 year old Darshin Ponnuthurai has been unable to attend school for the past few weeks due to complications with her application to attend school, according to her adoptive parents.
He said that his daughter had not encountered any schooling problems thus far, but things changed when she tried to apply for a transfer to SMK Taman Tasik in Ampang.
He added that the matter has also been brought up with the Prime Minister’s Department Public Complaints Bureau, but had later been informed that it was under the deliberation of the Home Affairs Ministry.
Ponnuthurai spoke to reporters today at a press conference organised by the Human Rights Party Malaysia (HRP) in Kuala Lumpur.
HRP pro-tem information chief S Jayathas urged the National Registration Department to issue Darshin an identity card within two months as she was born in this country after Sept 1962.
He argued that under the federal constitution, Darshin is a citizen and should have an identity card as she was born here.
When contacted today, SMK Taman Tasik headmaster Zaini Mohammad Zain advised the parents to follow the proper procedures set by the Home Affairs Ministry.
See Video:- http://www.youtube.com/watch?v=yRQtWLOAvPU
Photos: HRP Nibong Tebal forum on 24/1/2010
We arrived a little bit late at about 9.00 p.m at the Vinayagar Hindu Temple, Nibong Tebal. The focus point at this forum was the demolishment of the oldest and only Indian traditional village of Kg. Buah Pala in Penang and the 28 Tamil schools in Penang that has been denied Penang state government land. And how the Towkay Lim Guan Eng uses his DCM II Indian mandore to divert attention away from Kg. Buah Pala to the Hindraf Accounts and the civil suit against the British government.
After this forum we had a private meeting with about 30 key members of the Nibong Tebal support group. This meeting ended at 12.30 a.m and we arrived home at 4.00 a.m.
P. Uthayakumar.
Photos: HRP Paya Besar,Kedah forum on 24/1/2010
HRP Paya Besar forum on 24/1/2010, Kedah M.B targetted for demolishing Ladang Batu Pekaka, Kuala Ketil Hindu cemetary.
At about 3.00 p.m we began with the Paya Besar HRP Forum at the local Mariaman Hindu Temple. About 200 people were in attendance. After P. Uthayakumar’s 180 slide show presentation on the exclusion of the ethnic minority Malaysia and the critical Indian problems highlighted by the Human Rights Party. The National Adviser Mr. N. Ganesan rounded up by asserting our forward action plan that is the Indian political empowerment strategy, which would lead to securing 15 Indian majority Parliamentary and 38 state seats. A question and answer followed and a closed door meeting with key HRP members of the Padang Serai Parliamentary Constituency.
S. JAYATHAS
HRP Information Chief
Photos: Henreta Estate, Padang Serai Muneswarar Temple Annual Festival (Thiruvila). 24/1/10
HRP team comprising P. Uthayakumar, S. Jayathas and P. Karuna arrived at about 1.00 p.m and was greeted by the temple President. After a short prayers and a brief address and on our way out we could not help but again noticieng only three lamp posts were outside the Henreta Tamil school which was located next door. Otherwise there were no street lights from the main road to the Henrata Tamil school or from this tamil school to the next door where a hundred year old said Muneswaraer temple is. This extent of discrimination even involving street lights does not happen in any part of the world, the last having taken place in apartheid South Africa in 1989.
S. JAYATHAS
HRP Information Chief
S’gor PKR Indian Exco mandore and his tuan MB mocking Indians with mock cheque
The very same mock cheque is used again and again, over and over again to mislead and cheat the Indian community by the PKR DAP and PASs’ mandore politics which they inherited from BN. Menteri Besar Tan Sri Khalid and his Indian Exco mandore has the cheek to even carry the mock cheque over their heads which even UMNO and their MIC mandores had never done in their 52 year old reign and regime had never done.
Why merely a RM 50,000.00 mock cheque?
We have received numerous complaints of this RM 50,000.00 donations never actually reaching the said Hindu temples, Tamil schools and crematoriums.
In conclusion why can’t this Tuan Selangor Menteri Besar allocate and grant land to all Hindu temples, crematorium and tamil schools in one go and permanently settle and solve this problem once and for all, rather than in a piecemeal basis. This can be done by merely a stroke of the Selangor Menteri Besar’s pen further to Section 76 of the National Land Code, where he is empowered to do so.
The primary issue and need is for tamil schools and Hindu temples to be located on their own land. For this to happen, and to enable the tamil schools to become fully government assisted, the state governments must acquire the land on which the schools are situated and hand it over to the school. In certain circumstances the school needs to be relocated to a piece of land allocated to the school. This is the only sure way to resolve the perennial problem with schools and temples. Grants and donations are a subsidiary matter. No amount of donations is going to resolve the primary issue. The question of schools and temples residing on their own land is the primary issue, and that is what HRP is concerned with. And this does not require federal rule but simply a signature to acquire the land by the menteri besar.
P. Uthayakumar
Subscribe to:
Posts (Atom)
