A long road ahead still!

Looks like it is still a long road ahead.

Yesterday I was elated when I read the papers about how the Cabinet had decided on the policy regarding conversions involving minors. Today I am not so elated any more. This is after what I read in the papers today. It appears that there are many quarters not very happy with the policy made by the cabinet. They argue that the Federal Court had decided in the Subashini case that it is good in law for one spouse to convert the children even if the other spouse disagreed. They also state that Art 12 (4) of the Federal Constitution is authority to say that because of the words "parent or guardian" and not "parents or guardian". They argue that this means singular i.e one spouse.

Q : So what happens if one spouse does this act of conversion to spite the other spouse? Does this mean that the other spouse is left with no remedy? What if the conversions are done without the knowledge of the other spouse?

With due respect I have to disagree with the Federal Court as well as the narrow interpretation in seeking out the meaning of "parent or guardian". I do not think that justice is best served when one interprets the word very narrowly as to how it is being done now. The word parent would necessarily have to mean parents i.e both father and mother! Any contrary interpretation would only bring about confusion and unjust situations. The fact of the matter is that, the Federal Court had erred in that Subashini's case.

So where do we go from here? Looks like I was right in being sceptical about this reversal in policy by the cabinet. It appears to me that there is a very long, long road ahead in resolving this matter.

Isn't religion one of faith? Shouldn't religion be a personal choice instead of being imposed arbitrarily by laws?

It appears that the ball is back at the cabinet's feet. Will it seek to ammend the existing laws and end the illogical nonsense that is going on?

Hmmmm....... sad!

M V Nathan

Remedy found?

Really ah ? Sure or not? Don't pray pray ah!

I read the front page news on the NST today that the cabinet had decided that the civil courts are the right place to dissolve a marriage in the event one spouse converts to Islam. Wow.... that is certainly a relieve. After so many tears and after so many heartaches finally some common sense in the matter. In fact the cabinet has decided that the children of the marriage should follow the faith that the parents had agreed on at the time of the said marriage. Again some much needed good news. To this I congratulate the government in being bold enough to make the necessary policy changes that is going to relieve many heartaches and dry many tears in the future. Well done to the cabinet of the new government. This is definitely a good start!

But then again.....call me a sceptic lah. Now I am wondering if the new policy by the cabinet is going to get implemented real soon. As everyone is aware there are many little Napoleons on the ground level. On many occasions in the past these little devils try to frustrate the implementation of good policies for reasons best known to themselves. I say it is yet to be seen how this new policy gets translated into reality. The act governing civil marriages need to be amended and the courts have to implement the new policy when faced with matters like this. Sadly there have been instances in the past where even the courts have failed in such matters.

For now we have to be optimistic that there will be change and that the change is for the better. One that brings about fewer tears and fewer heartaches.

The Rakyat is watching!

M V Nathan

Another conversion case. Sad!

The tears continue to flow! Sad...very sad indeed!

The latest case of Indira Gandhi and her children is one that the authorities need to look at carefully to ensure that such cases do not recur in the future. In this case it is reported that the father of the children had converted them to Islam by using their birth certificates. The father having converted to Islam had chosen to convert the children to Islam as well.The conversion was never communicated to the mother of the children nor consented to by her. The older of the children in this case are of the ages 12 and 11. The youngest of the lot is a mere baby!

The mother is now being under tremendous amount of stress and anxiety for fear that her children would be taken away from her by the religious authorities. The youngest child is with the father presently and has refused to hand over the baby to the mother.

Why is it that we continue to read about cases like this in the papers ? Why has the government been unable to find a solution to this problem that crops up time and again? As always the family of the person who has converted is in the dark of the conversion. As always there is the marriage that that was originally contracted under Civil Laws and now subjected to syariah laws. As always there are some minors involved wherein the right to be converted to another faith is always questioned. As always the usual tears and sadness! Why ? How is it that children who are so young,innocent and unable to decide on a myriad of things suddenly put in such a quandary? How can anyone say with certainty that the conversions of the children had been done in a reasoned and a truly spiritual manner according to the new faith?

The newly minted PM has brandished his newly coined "1Malaysia" concept vigorously when he came to office recently. Well Mr PM solve this problem quick. This is one way you are going to win over the hearts and confidence of the people. Ensure that justice is done in this Indira Gandhi case and cases like it. May it be in a just and fair manner. Let not all the talk be just that ......just talk!

There must be some long term solution found to this problem from ever arising again!

M V Nathan

Good for the goose good for the gander?

That's what happens when you don't think of the consequences mate! Lain kali pikir dulu!

I read from the Malaysiakini site that the MB for Puchong i.e YB Gobind Singh is about to challenge his suspension from Parliament in court. Well I think this is one that has the classic saying "whats good for the goose is equally good for the gander!". I support YB Gobind in his endeavour. In fact I wish I could be part of the team that brings this matter to court! Ha-Ha!

Look if the Federal Court can say that it has the jurisdiction to enquire into matters involving the Perak state assembly then surely the courts now have the equal jurisdiction to enquire into the suspension of YB Gobind from Parliament! Maybe YB Gobind can come to court and say that the Speaker was wrong in meting out the suspension because the end result of the said suspension would have been to penalise the poor innocent constituents of Puchong; therefore it was Ultra Vires the Federal Constitution! Hmmmm........interesting! I say brilliant!

I wonder how the courts are going to decide in this matter now? Ultra Vires or no Ultra Vires ?

Hmmmmmm....................

I end this post by stating for the record HRH Sultan Azlan Shah’s own words in the judgment of the Federal Court in 1979 when he was acting Chief Justice (Malaya) re: Sri Lempah.He said, inter alia:“Every legal power must have legal limits otherwise there is dictatorship. In particular it is a stringent requirement that a discretion should be exercised for a proper purpose, and that it should not be exercised unreasonably.

M V Nathan

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

Was the case decided according to law?

Sedapnya tidur! Aiyah.....no need submissionslah..... I rule in favour of the guy that looks like an Indian but is not!

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!

The Dodo bird my friends have been thought to be extinct for a long time now. However recent research has shown that they have evolved into becoming politicians and journalists even! Strange but true! Only happens in Malaysia!

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!