Thursday, April 16, 2009

FC judges says it was Ultra Vires!

Weird isn't it ?



Sometimes it takes a judgement to be pronounced in the highest court to state the case for wanting real judicial reforms to be made to the said institution. The Perak Speaker's decision yesterday is one classic example. It appears that the FC in its infinite wisdom had decided that the Perak Speaker's decision to suspend Zambry and 6 others to be ultra vires the Constitution and therefore null and void.I think we can all agree that in arguing cases sometimes we win and sometimes we lose. The reasons given by the courts to justify its decisions are very important for litigants to feel assured that they had been heard and that justice had been dispensed without fear nor favour. Dare we say that this recent decision in the FC had that feel in its decision?

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"?

Anyway facts and law aside, I still say that the best possible solution to this political impasse in Perak would be to call for fresh elections to be held in the state of Perak. All this running up and down the courts in the present circumstances is not going to solve anything.If anything it is only going to isolate the rakyat more. If the PM (being the leader of the BN) really wants to gain support and go down the history books to have been a great PM for Malaysia,then this would be a great opportunity for him to do so.
Our new Information, Communication and Culture Minister has come out strong yesterday stating that bloggers had better watch out. He says that if you violate the laws of this country by "twisting the truth" then one has to answer for his actions. To me this sort of comments coming from a minister tends to get boring and unbecoming of a minister. Why is it that ministers always tend to issue threats as a response to certain issues? Didn't the present information Minister see how the people responded to the former home minister when he was in office? I have this piece of advice to the present information Minister. Please be a minister that engages the people and have the people's genuine interest in all that you do. The rakyat is sick and tired of silly ministers that are only good at issuing threats whilst lording over the rakyat!
M V Nathan

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