Through an e-mail, a reader who signed off as HAMMER HAMID pointed me to a blog and advised that it would be a good follow-up and back-up to my previous posting. Thanks Hammer. I very often listen to my readers' advice and feedback.
Here is this blog posting Euphoria In Misery:
A Judge Indicts
the Malaysian
Judiciary
Way back 15 years ago, I turned up on the courts beat, as a frightened rookie scribe. Just my luck, I thought, that my first day on the beat and I get to follow my senior into the intimidating Court of Appeal.
The proceedings seemed so hushed that my racing heartbeat seemed louder than the judges’ words. There were three robed blokes up there.
My senior told me who they were. Mahadev Shankar, Gopal Sri Ram and N.H Chan. The names stayed with me over the years.
Today N.H Chan’s name came up again in a brave stand that reminded me of the heydays, of the guy dubbed Lion of Law, Justice Eusoffe Abdoolcader (tragically deceased).
Retired Justice N.H Chan could have shut up and spent his retirement in peace. But such are the ways of the men of conscience. Men who still thought the law should be about upholding justice.
Today, this learned judge stood up to expose, yet again another evidence of the prostitution of the Malaysian judiciary.
I can’t resist stealing some juicy paragraphs from the link above. This is calling a spade a spade, a rotten judge, well…A ROTTEN JUDGE!
I don’t have to tell you how to judge the judge. You must know by now how to do it if you have read my articles in the Internet. You will know he is a bad judge if he behaves unfairly to one side as against the other. It is your perception as a member of the public that matters and not what the judge thinks of himself.
A judge who does not appear to be fair is useless to the judicial process. As such he is a bad judge and is therefore unfit to sit on the bench. The other essential qualification of a judge is to administer justice according to law. That said, we can now judge this judge.
Article 72, Clause (1) of the Federal Constitution clearly states:
72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
Yet Mr Justice Balia Yusuf Wahi, who knew that the Speaker’s order which was made in the Legislative Assembly was a proceeding in the Legislative Assembly, dismissed the Speaker’s application to strike out the summons of the three turncoat assemblymen who were asking the court to question the validity of what the Speaker had done in the Assembly.
So, what Justice N.H Chan is saying essentially is that Justice Balia Yusuf Wahi has gone against the Malaysian Constitution.
According to our laws essentially, the Perak Speaker’s decision in Assembly is not something that can be challenged by any court. Justice Balia Wahi effectively ruled he can.
Bad judgement. Bad judge. Dangerous precedent. Taking the Malaysia Boleh spirit to murky depths don’t you think?
I’m no legal scholar. I’m an interested layman. What this tells me is that if an elected representative of the people, that too a Legislative Assembly Speaker (and himself a lawyer), can’t depend on the judiciary to uphold the letter of law, and justice, WHAT HOPE DOES AN ORDINARY MALAYSIAN HAVE?
And those who still won’t keep quiet, will have their compromising pictures circulated or be victim of sting operations. Hey, we have demonstrated that Malaysians are way up there with the world’s best when it comes to political skullduggery.
10 comments:
Why, thank u Uncle Bernard. Been a while since we caught up. If U come Wharf-side, call laa.
My pleasure Anu. Visits to Wharf are never programed. Its the urge to fish....if you develop this urge you might catch me there. Cheers.
doomed...doomed...DOOMED !!!
Anu, admin from Malaysia Today informed me that they featured your blogs under Around the Blogs, earlier today....this should result in a surge in visits to your site. Congrats.
Check us out for our version of Anti-Najib.. pop-Art styleezz! just could u fucking handle it?! A generational viewpoint dammit.
Go www.sarangsenipekik.blogspot.com
Zorro
We don't need any retired judges to tell us that the Judges are once again perverting the true course of Justice.
THE AG has still not charged a former CJ with corruption for accepting money, freebies and possibly a bungalow house as well from the 'correct, correct, correct' lawyer, opps, sorry, shyster!
In the current situation, they are obviously trying to save HRH's face. Let's see if this Royalty is capable of rising above petty politics or succumb to the same temptations as Judges, Police, Civil Servants & Politicians!
http://donplaypuks.blogspot.com
Unbelievable and sad.
Thank god, we still have a Justice Pao in N>H. Chan.
what do you expect when judges are placed in the position not because of meritocracy?
would they not be beholden to the Executive?
what can our justice Pau do ah ? nato only !!
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