Friday, April 24, 2009
A long road ahead still!
Thursday, April 23, 2009
Remedy found?
Wednesday, April 22, 2009
Another conversion case. Sad!
Good for the goose good for the gander?
Thursday, April 16, 2009
FC judges says it was Ultra Vires!
Hmmmm...... I don't knowlah! To me there appears to be a strong case for saying that the FC had erred in its decision. I believe that the law as it stands now affords that the actions of the Speaker not to be questioned in any court of law. So how is it that the FC is now saying that the Speaker of the DUN was wrong is suspending the new MB and the 6 others ? If the actions are not subject to review then how is it that the FC had now deemed it fit to review it? Would this decision by the FC be deemed to be "interference"?
Wednesday, April 15, 2009
Was the case decided according to law?
Sometimes I really wonder as to the competency of our judges. I have appeared before some of them and at many times I had left the courthouse wondering just how on earth did that he/she become a judge in the first place! Of course i have to be fair and say that not all all the judges have left me wondering such. There have been many occasions too when I have been very impressed by the wit and sharpness of certain judges.
I guess in every profession there is the odd black sheep that one has to contend with. Anyway the reason why I am making this post is to record my surprise and utter shock at reading how the Federal Court had decided that it has the jurisdiction to enquire as to whether the exercise of the Speaker DUN Perak was lawful or not! To my surprise the FC actually decided that it was for the Elections Commission to decide if whether there was a casual vacancy or not. I must confess that I had not read the entire judgement to be fair to the said judges of the FC, so I am making this post merely by reading newspaper reports.
Whatever it is, isn't it a provision of the Perak Constitution namely in Article XXXIII. (1) If any question arises whether a member of the Legislative Assembly has become disqualified for membership, the decision of the Assembly shall be taken and shall be final. Question : Did the Assembly sit and decide on this matter ?
In addition isn't it a provision in the Federal Constitution namely in Article 72, Clause (1) of the Federal Constitution that clearly states:
72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
Now if that was the position in law, then the question that arises is whether the provisions of the law had been duly adhered to by the FC in deciding the case?
Hmmmmm.....
M V Nathan
The Dodo bird lives!
It is amazing what some journalists are capable of writing these days. Simply put just pure crap! A recent article in the Utusan Malaysia is one clear example. Just read the link here.http://www.malaysianbar.org.my/legal/general_news/semua_kaum_patut_pertahankan_perpaduan.html
At first glance this article is very good in that it propounds fostering better ties amongst the races. But upon closer examination this article to me is very racist and advocates that ONLY the BN is capable of fostering good ties amongst the races that ultimately brings about progress and development. Pure hogwash is what I say to this theory.
I reproduce a snippet from the article "Segala kemajuan yang kita kecapi hari ini adalah atas dasar kerjasama dan perkongsian kuasa melalui kerajaan Barisan Nasional. Relakah kita melihat segala impian yang dibina hancur berkecai akibat perpecahan antara kaum."
I am a non Malay and I know for certain I am not questioning the rights of the Monarchy, language and religion of the Malays. In fact I don't even know any non Malay who is questioning these rights now. If I may add, I don't even know or even heard any non Malay who is calling for amendments to be made to the Federal Constitution asking for the removal of these rights. I as a non malay am praying that the people of this nation will stop talking in divisive terms and truly unite as "one" in our own unique way. So what if we speak in different languages at home ? But then again, don't we all sit at the Mamak stall and speak malay when we communicate with one another ? I am Malaysian first despite being of Indian descent. This is my home and I ain't goin no where.
So what then, are the objectives for writing such an article that gives the impression that the non Malays are clamouring for the removal of such rights ? Shouldn't this article be deemed to be seditious in nature ? Was the article aimed to cause the Malays to be upset and annoyed at the non Malays? Is the "mischief" here created to ensure that the BN continues to hoodwink the masses to remain in power? Hmmm.....
They just don't learn do they ? It is very obvious that some have clearly not learnt their lesson from events past. Just like the Dodo bird, it is inevitable that some are doomed to extinction by their inability to learn and reform!
M V Nathan
P/S Mr PM maybe you didnt brief the editors in Utusan Malaysia as to your 1 Malaysia concept ? Oh ya .... sorrylah....I forgot all just wayang kulit right ? Cheers!