Justice is becoming a rare commodity in our courts when judges of questionable ability sit in judgment. This situation raises serious concerns regarding the appointment of judges and their elevation to the bench.
In the recent cases involving the Perak crisis, we wonder whether the Federal Court judges and the Court of Appeal judges who heard these cases were right in ignoring Article 72(1) of the Federal Constitution. We are appalled with their judgment which went against the grain of justice.
On what basis did the Federal Court judges rule that the Speaker of the Perak State Assembly had no power to suspend certain BN Assembly members? In any case, it was the Rights and Privileges Committee that had suspended them – not Sivakumar. That fact fell on deaf years.
But the moot point is can these judges ignore and discard the provisions of the Federal Constitution in deciding their cases? Aren't decisions based on sound reasoning rooted in precedents and written law?
In a well-argued article, the former Court of Appeal judge N H Chan has clearly established that the Judges' Code of Ethics had been breached by these judges who had not paid any attention to the Federal Constitution.
N H Chan has pointed out that Article 72(1) specifically states, “ The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.” How come this provision did not mean anything to them?
The words of this provision are written in unambiguous terms that it is not too difficult to understand what they mean and imply. It is crystal clear that the courts have no business in getting involved in this matter.
And yet, the supreme law of the country, which should be the corner-stone of our judicial system, and justice have been totally side-stepped and circumvented to the utter disgrace of the judiciary.
In the case of the single junior Appeal Court judge, there was no basis for him to grant a stay in spite of the declaratory order of the High Court which was the outcome of a 'well considered judgment' as stated by N H Chan. The stay was deemed as absurd according to authoritative legal circles and the grounds for the stay have not been stated or supported by any sensible logic.
In all these cases there have been no written judgment. This is a ridiculous situation that is not fair to the aggrieved parties, to members of the public and to academia.
Judges simply cannot pronounce judgments that are not backed by sound arguments, reasoned logic, precedents and written law. Litigants have a right to know how a particular judge arrived at a decision so that the aggrieved party has that fundamental right to challenge that decision. That is the only way to seek justice.
N H Chan has suggested the use of the Judges' Code of Ethics 1994.
According to him, “The words of section 3(1)(d) (of the Code) are so clear and easy to understand that we do not need any court of law to explain it to us ordinary folk. We know what the words mean. By not administering and applying the law, which in this case is the supreme law of the land as it stands, the errant judges have brought discredit to the judiciary – grounds for their removal from office.”
ALIRAN supports the view that these judges should at least be investigated as to whether this Code has been violated.
Their continued presence on the Bench is alarming. What is at stake is justice itself when these judges sit in judgment. It would be a travesty of justice if they are allowed to occupy the hallowed positions on the Bench if they have broken the Code or have not discharged their duties properly.
When justice is not rendered based on precedents and the Constitution, it becomes a costly and futile attempt turning to the courts for justice.
28 May 2009
article courtesy of Aliran
I am proud to be a member of this Association and fully support this call.
The Court of Appeal will deliver its ruling tomorrow afternoon at 3.30pm whether it will legalize Datuk Seri Ir Nizar Jamaluddin or Datuk Seri Dr Zambry bdul Kadir as the rightful Mentri Besar.
Both parties had submitted their arguments while the AG Chambers represented by AG Tan Sri Abdul Gani Patail claimed that the Perak State Constitution did not state anything with regards to resignation of Mentri Besar and agreed to follow the arguments submitted by BN Datuk Seri Dr Zambry's counsel.
The Court of Appeal at Putra Jaya is hearing the submission of Datuk Seri Zambry's suit first and it is reported that Datuk Seri Nizar's counsel is presenting his submission to a three member panel although Datuk Seri Nizar had requested for a 5 member panel. It commences at 9.45am and has resumed after a lunch break now.
Looking at the state, the verdict would only be known in a few days time.
Perak still remains a limbo although the Federal and State Constitution does not allow the Judiciary to interfere with their business. Just because the Courts have interfered, with conflicting verdicts, the Courts are now subjected to resolve these matters.
But the rule of law is firm - the Courts have no right to decide and its for the voters or the State Legislative Assembly to decide.
It has been widely published in the blogsphere today that Datuk R Ganesan the 'newly appointed' Barisan Nasional Perak State Speaker's presence at the State Assembly on that day itself is highly questionable and to add salt to the ongoing crisis, he had called the Police to come into the State Assembly at the height of the ruckus during the May 7 sitting, is dubious and also deceiving.
The Police had obtained an Injunction to restraint anyone except the State lawmakers and the Dewan Ushers within a 500 metre range and it was further reported that the Police had enforced this ruling very strictly since even elected Parliamentarians were not allowed entry. Looking at this, how did Ganesan sneak in?
Was it a Barisan Nasional's pre-ploy to bring Ganesan?
The Perakians and Malaysians on the whole need answers from the BN State leaders and the Police on how this has happen?
The BarisanNasional Supreme Council today decide that the BN coalition would NOT contest in the Penanti State by-elections.
The reasons offered is that its a political ploy used by the Opposition to show they are favourites among the voters and that the people have lost confidence with the ruling BN coalition government and want a change of government.
But reliable sources indicated that the Opposition would win with an overwhelmingly majority and the BN does not want to be embarrassed.
Prime Minister and Barisan Nasional Chairman Datuk Seri Mohd Najib Tun Razak claims that its a prerogative of the Sultan of Perak to DISSOLVE the State Assembly which will pave a way for a fresh State elections.
PM Datuk Seri Najib further stated that BN does not fear in contesting if a polls is called but although various sources predict that BN would have a very slim chance of winning even a single seat due to their illegal grab of power in Perak recently.
Although the sentiments of the Perakians are to go to polls to resolve this current impasse, the Sultan of Perak has refused any such call for reasons best known to him.
It seems that our Judiciary is not independent and seem to listen to 'instructions' given by the ruling 'unscrupulous' and power crazy UMNO-led Barisan Nasional government.
Yesterday's Stay of Execution against a High Court ruling that Datuk Seri Ir Nizar Jamaluddin is the legitimate Mentri Besar of Perak by the one-man Court of Appeal Judge seem to violate Section 54 of the Special Relief Act which disallowed any injunction to be granted when it interfered with the public duties of a government.
Section 54(d) states: “An injunction cannot be granted to interfere with the public duties of any department of any Government in Malaysia, or with the sovereign acts of a foreign Government.”
The stay of execution is tantamount to a form of injunction.
Looking at the way the Perak State is administered today, a imposter, Datuk Seri Dr Zambry Abdul Kadir has be legalised by the Stay of Execution granted by the Court of Appeal and if this 'crook' is allowed to continue to administer Perak State, a serious crisis would surface.
Its time for Malaysians to rename the Palace of Justice to Palace of Fools & Crooks.
A photo footage shown above seem to reveal that the Barisan Nasional orchestrated Perak State Assembly sitting on 7 May 2009 although with the Police obtaining a Court Injunction was seen an unidentified individual reaching for his gun when the Speaker V Sivakumar was dragged out of the Speaker's chair. Speaker Sivakumar was later locked-up in the changing room until the Regent of Perak and State Assembly ended with the 'bogus' appointment of a BN nominee Datuk R. Ganesan as Speaker. Watch this video from Malaysiakini to see for yourself : http://www.malaysiakini.tv/video/17064.html
This is a serious issue which need to be addressed immediate on how the Ushers and Police have allowed these unauthorised people in including Datuk R. Ganesan and many others to be in the State Assembly when the Court Order does not allow anyone other than the State lawmakers and Ushers to be within a 500metre zone.
The Court will have to punish these culprits, and also the Police for not carrying out their duties effectively with that many police personnel while innocent bystanders who were out of the 500 metres zone were arrested and detained while declaring the said Assembly sitting null and void to avoid further embarrassment.
Datuk Seri Dr Zambry Abdul Kadir, who obtained a 'stay of execution order' from the one-man judge at the Court of Appeal yesterday afternoon started his business of announcing development projects in Perak just to ripe the State coffers as what UMNO does in most States.
Datuk Dr Zambry was declared a illegitimate Mentri Besar by the High Court while the presiding Judge categorically ruled that Datuk Seri Ir Nizar Jamaluddin had not resigned and was the rightful Mentri Besar and that the Sultan of Perak had no authority or power to remove him and that Datuk Seri Nizar could only be removed with a vote of no-confidence at the State Assembly or if he voluntarily resigns.
Since this is the ruling, how can Datuk Dr Zambry, a imposter, be the Mentri Besar. Its true a stay of execution had been granted. Until the disposal of the case and decision, Perak should NOT have a Mentri Besar and no party should conduct any business. These hearings could take years and could eventually be just academic. But one thing is certain, Datuk Seri Dr Zambry's appointment is a nullity which everyone knows including himself but just because UMNO is so arrogant and crazy for power and does not want to lose, it forced a 'UMNO friendly' Court of Appeal Judge to grant a stay of execution just to create a limbo and grab power and use it to their maximum - ripe the State whatever UMNO and their man can.
The most logical thing to do would be to call for a snap fresh State elections but basing on Perakian sentiments today, UMNO and their BN would lose almost every seat there and are not prepared to face this insult since they had ruled Malaysia for the past 52 years over and feel they are supreme and could do anything. UMNO is fully aware that all their tricks does not work anymore among most Malaysians.
It is also reported that Datuk Seri Nizar is filing an application to suspend Datuk Seri Zambry's stay of execution order until the final and disposal of the case and we need to await the outcome.
The Sultan of Perak or now the Regent, who claims to be protectors of the Perakians should use their prerogative to DISSOLVE THE STATE ASSEMBLY, paving the way for a State elections, but it seems that the Palace hands are 'tight' and have to abide by the supreme UMNO's request and wishes.
Prime Minister and UMNO-led Barisan Nasional Chairman Datuk Seri Mohd Najib Tun Razak has stated that the BN would not call for a snap State elections and would allow the BN nominated Mentri Besar Datuk Seri Dr Zambry Abdul Kadir to rule the State until such time the Court decides who is the rightful Perak Mentri Besar.
This statement by Prime Minister Datuk Seri Najib was expected since if the State holds a fresh State elections, it is predicted that almost all BN or UMNO candidates would lose and may even lose their deposit, which shows how angry the Perakians are against the BN for creating a impasse in Perak.
The first agenda of Datuk Dr Zambry would be to use the Palace once again and have a Special sitting of the State Assembly and pass a motion of no-confidence vote on Datuk Seri Ir Nizar and his Excos since they 'claim' to hold the majority in the State Assembly with 28 plus 3 'frogs'.
The Sultan of Perak or his Regent would NEVER dissolve the State Assembly although they have the prerogative but dare not go against the BN wishes.
This only leaves to the Perakians to decide - a State-wide PROTEST must be organised, but not taking to the streets. Perakians would have to refuse to go to work or do business for a week which will see the collapse of the State, forcing the Palace and BN leaders to call for a snap State elections as demanded by the Perakians immediately to resolve the State limbo.
Will Perakians do this to show our grandchildren that the TRUE POWER belongs to the PEOPLE and not with the ruling unscrupulous BN government, elected lawmakers, Judiciary, Police, State Secretariat and the Palace.
The Court of Appeal by a one man judge Ramly Mohd Ali this morning allowed a stay of execution on yesterday's High Court decision which recognised Datuk Seri Ir Mohammad Nizar Jamaluddin as the rightful Perak Menteri Besar and with this the Perak State is back to a political limbo again.
The only person who could save the situation is the Sultan of Perak or the Regent since his father, Sultan Azlan Shah is on a long holiday in the United States by using his prerogative to DISSOLVE the State Assembly, paving a way for a fresh State election which will immediately overcome this dilemma.
It seems so obvious that Barisan Nasional does not want to respect the Court ruling that the State and Federal Constitution need to be respected and obeyed if it is not in its favour. The UMNO-led Barisan Nasional wants to 'hijack' the situation and since they control the federal government they would use their 'power' to obtain 'court rulings' in their favour which deprives the Perakians a legitimate government that were elected by them to govern.
The only known solution is to DISSOLVE THE STATE ASSEMBLY immediately before more political damage is created by the 'unscrupulous' Barisan Nasional leadership.
The Barisan Nasional may even convene an Emergency Special sitting of the State Assembly in the next few days to pass a motion of no confidence vote on legitimate Mentri Besar Datuk Seri Nizar just to circumvent the Court ruling.
Will the Sultan or Regent grant the DISSOLUTION as demanded by Perakians to resolve this matter?
The Kuala Lumpur High Court ruled this afternoon that Datuk Seri Mohd Nizar Jamaluddin is the legitimate Mentri Besar of Perak and could only be removed by a vote of no-confidence by the Perak State Assembly and that the Sultan of Perak has no powers to remove him.
A new political crisis has begun. So what happens to 'bogus' Mentri Besar Datuk Seri Dr Zambry Abdul Kadir from UMNO ?
It is hoped that the Sultan of Perak, Sultan Azlan Shah will grant Datuk Seri Nizar's request to DISSOLVE the State Assembly, paving a way for a snap State elections to elect new lawmakers and to build public confidence.
Another SHAME. This on-going Danish version of the world-wide reality show ‘Survivor’ (Robinson Ekspeditionen), which is filmed in an Island off Mersing in Johor, Malaysia contains a naked-race – a running contest, where the contestants run in the nude.
This action has made several opinion makers criticise the TV-show for deliberately humiliating the participants and Malaysia.
Of the 22 contestants all selected after an IQ-test, 16 of them choose to ‘go comando’, while five of the male contestants kept the boxers on, they were subsequently forced to eat caterpillars on time, to decide who should be sent back to Denmark while one woman who refused to be a part of the race was sent home right away.
Another embarrassing and shameful act which the Information Ministry fail to monitor and act.
Its been reported in Agendadailythat the Regent of PerakRajaNazrin Sultan Azlan Shah who was forced to wait from 9.45am to 3.15pm to officiate the Perak State Assembly sitting on 7 May 2009 was seen speaking with 'ousted' and legimatePerakMentriBesarDatukSeri Ir MohamadNizarJamaluddin and PerakDAP Chairman NgehKhoo Ham prior to the commencement of his address with this statement :
“ I don’t want to get involved in this. I just want to give my speech, so respect my speech, when I am giving it. You understand that? If you want to work with me in future, you have to respect my speech. Understand?“So go and tell that …”
It seems the Regent wanted the Opposition lawmakers to sit down and not cause any commotion while the Regent was delivering his address.
It is really surprising that this whole shameful episode was created by the Palace in the first place in not granting the dissolution of the State Assembly, which will pave the way for a snap State elections, so that new lawmakers could be elected to administer the State rather than 'giving-in' to the demands of the 'greedy' UMNO leaders to grab power.
The people are the judges and in time to come they will speak.....for sure the Monarchy, Police, Judiciary and Government Administration, who are all servants of the people, will PAY THE PRICE. The biggest causality will be UMNO and the BarisanNasional which will see its ultimate demise from Malaysian politics.
It has now become very obvious that Malaysians will react in full force to THROW OUT the Barisan Nasional at the next polls scheduled in less than 4 years time.
Yesterday's forceful grab of the Perak State Assembly with the aid of Perak Palace, Police and State Secretariat will NEVER be forgotten by Malaysians especially Perakians, whose rights have be deprived unconstitutionally by the coup d' etat.
We cannot change what has happen. We can only plan for the future. Even Barisan Nasional now dissolves the State Assembly and paves a snap State elections, which is most unlikely, it is for sure that every BN candidate will lose with their deposit forfeited. That the scenario in Perak and the angry feeling of Perakians towards BN.
Barisan Nasional especially UMNO is crazy for power and would do anything to grab power. This will be their last term of rule before their ultimate demise since Malaysians are fed-up with all their dirty tricks.
TIME FOR CHANGE has just begun!!!!
picture courtesy of Malaysiakini and Malaysian Insider
Home Minister Datuk Seri Hishammuddin Tun Hussein announced that the government will release Zulkepli Marzuki, Jeknal Adil, Azmi Pindatun, P Uthayakumar, M Manoharan, T Vasanthakumar, Zainun Rasyhid, Aboud Ghafar Ismail, Sufian Salih, Hasim Talib, Abdul Jamal Azahari Yusof Mohd Salam and Husin Alih from their Internal Security Act (ISA) detention effective today and that he has already signed their release papers and it includes the HINDRAF trio.
It is learnt that it may take a day or two for the actual release from detention to take force.
The Perakians had expected Barisan Nasional to be fair and respected the wishes of Perakians by having a proper and democratic State Assembly sitting by observing the law of the State.
But surprise and anticipated by many, the incident seemed that Barisan Nasional is in a desperate attempt to recapture the State with all their dirty tricks.
The Sultan of Perak through his Regent should have DISSOLVE the State Assembly on arrival paving a way for a snap State elections to elect new lawmakers in the State.
The Police and State Secretariat had collaborated with the Barisan Nasional to orchestra this whole shameful episode and it is for sure that Malaysians will never forget this day and these branches of power will eventual pay the price, come next general elections.
A SAD DAY FOR PERAKIANS.
One thing need to be noted, PEOPLE'S POWER WILL EMERGE which will toppled all these four branches, Palace, BN, Police and State Secretariat in time to come.
Meanwhile, many protesters have been arrested which includes Opposition Members of Parliament.
A coup d' etat at the State Assembly sitting has sparked a political crisis with BarisanNasional in a desperate attempt to regain control of the State with the aid of Police, Palace and State Secretariat.
Perakians will never forget this incident and given time, BarisanNasional will pay its price with not even a single elected representative elected to office when a general elections is called.
BarisanNasional had even prior to the Assembly sitting changed the seating arrangement and had passed motions in their favour like remove the Dewan Speaker V Sivakumar, appointed their 'Speaker' R. Ganesan, declared the tree Assembly sitting illegal and Assembly adjourned by new Speaker R Ganesan. Usually any business is conducted after the Sultan of Perak had officiated the Assembly. NO VOTE WAS CONDUCTED BUT BY A MERE STATEMENT THAT BN CONTROLS THE MAJORITY.
As far as the sitting is concern NO VOTE of NO CONFIDENCE was ever passed to remove the MentriBesarDatukSeri Ir MohdNizarJamaluddin but BarisanNasional 'illegal' MentriBesarDatukSeriZambry seem to have taken over control.
The time has come for Perakians to show that they are not in favour in the way BN had orchestrated the State Assembly 'drama' with the assistance of Police, State Secretariat and the Palace.
These three branches WILL HAVE TO PAY a heavy price in time to come. A VERY SAD DAY FOR PERAKIANS when their wishes have been denied by this unscrupulousBarisanNasional.
The Police have obtained a Court Order to stop people from gathering within 500m of the State Secretariat building during the State Assembly sitting commencing tomorrow.
Perak Police Chief Deputy Comm Datuk Zulkifli Abdullah informed that the Magistrate’s Court in Ipoh granted the ex-parte Injunction to Ipoh OCPD Asst Comm Azisman Alias today and had named the respondents as members and supporters of PKR, DAP, PAS and Barisan Nasional, and members of the public.
The injunction was granted under Section 98 of the Criminal Procedure Code and all respondents were prohibited and warned not to be present or take part in any gathering within a 500m radius of the building’s gates.
DCP Zulkifli informed that copies of the injunction have been be put up in areas surrounding the building for knowledge of the public.
This clearly shows that the Police, Palace and Barisan Nasional leaders fear that they have flawed the laws so far and fear the public will demand for their rights to be heard since the government is formed by the people for the people.
Its very clear now that the Sultan of Perak, Sultan Azlan Shah has NO POWERS to remove the legitimate Mentri Besar Datuk Seri Ir Mohd Nizar Jamaluddin. It has been clearly expressed by Tun Dr Mahathir Mohamad at a press conference after delivering his keynote address on The Role of the Executive, Legislative, Judiciary and Constitutional Monarchy at the ninth Perdana Discourse Series today and also by Attorney-General Tan Sri Abdul Ghani Patail when he made his submission in the High Court today.
Rather than clearly following the rule of law, AG Tan Sri Ghani claims that Rule 16(6) of the Perak State Constitution claims that a State Assembly can remove a Mentri Besar and his claim that since the BN has a majority after the 'frogs' had crossover and now claim Independents and they support the BN, the former Mentri Besar could be considered removed and the Sultan can appoint a new Mentri Besar.
As far as I see, the AG, Sultan, Judges, Police, Perak State Secretariat and BN leaders are all making a mockery of the legal system and seem to interpret the Federal and State Constitution according to their whims and fancies. Its time these officials realise that the ultimate judges are the PEOPLE and looking at the feedback, the people want all these elements to be punished for creating a mockery of the situation by making decisions in contrary with the existing laws.
A special PEOPLES' COURT should be established immediate to punish these people.
Perak: May 7th.. doomsday predicted for UMNO nationwide
1. As the hours get closer, the players are getting edgy. Those mighty lawmakers in the State Legislature have now sought the power of the supernatural in trying to ensure their plans will work. They no longer trust themselves and they no longer trust Allah (God). They need additional support. As if the support from Federal Government, State Secretary and other government agencies is not enough.
2. Zambry has denied it but then maybe Zambry is not involved. His people may be doing it. In any case who in their sound mind would want to acknowledge it? Today news headlines include the story of the police calling the PR assemblyman for a briefing. There was also an article on the accusation that the Police was intimidating some PR ADUN by taking pictures of their homes.
3. Whether it is actually for protection or for intimidation, only the Perak Police will know for sure. In any case, it is surprising that out of millions of homes in Perak; only the image of the PR house was captured.
4. On the hand the newspaper also carried the story that Zambry has rescinded the instruction to prevent the media from covering the event. I guess he just came to his senses that it would be counterproductive on their side. Whatever the case maybe, the future is not longer on the TV and the papers. It is on the internet. The power of the internet is growing and it is a force that needs to be engaged and not sidelined.
5. Based on the Perak State Constitution (PSC) and the Perak Legislative Assembly Standing Orders (PLASO), there would chaos in the Assembly. This chaos starts with the impatient part of BN (UMNO) on wanting to take over the state. They had bypassed the due process. If they had waited and address the issue of Nizar and the issue who has the majority in the assembly, all this chaos would not have happened.
6. On one hand, BN has the office of the MB. It has the support of the State Secretary and the support of some important people in the state. What it does not have is the support of the people. PR on the other hand has control over the assembly via the speaker.
7. The PSC and PLASO have given the control to PR and this control cannot be undone until there is dissolution of the assembly. Without the control of the Assembly, Perak Government will not be able to function. It cannot pass any budget. It cannot spend money. It cannot pass any laws. It can do nothing essentially.
8. All this will create a big chaos. It will create a major doomsday in Perak. It will be infectious. It is so infectious that it will spread to other states. Like the H1N1 virus, the Malaysian Government may just declare a PANDEMIC and Emergency rule will come into force.
9. With the online media dominating the Malaysian Scene, I would say that it is imperative that BN address this issue now. Any form of abuse of power and position will not be acceptable to the people. It would only make things worse. It is like pouring petrol on the burning flame.
10. The right thing to do is to put the people interest above the rest. The people are important. Governments exist because of the people. Government is supposed to serve the people. Go back to the people and ask for a fresh mandate. This will solve all the problems. In fact it would be the best remedy in winning back the people aspiration. It is the vaccine that is needed to ensure that BN stays afloat at the next General Election.
11. The way I see it, it is in the best interest of UMNO long term survival to ensure that powers is returned to the people to ensure that this chaos will stop. Zambry in his blog blames the PR for the ensuing chaos. The Malays has a popular saying “tak berbunyi kalau tepuk sebelah tangan”
Thinks to remember : GOVERNMENT BY THE PEOPLE FOR THE PEOPLE, So JOM to Ipoh on 7 May 2009 in the morning if the Sultan of Perak does not dissolve the State Assembly or withdraws his consent for 7 May 2009 Perak State Assembly sitting. Let's show UMNO and the Barisan Nasional that ENOUGH IS ENOUGH and their dirty tricks would not work anymore.
It was reported that Prime Minister Datuk Seri Mohd Najib Tun Abdul Razak will announce tonight from Sabah whether the Barisan Nasional is going to field any candidate to contest the Penanti State by-election in Penang after the resignation of PKR leader and former Penang Deputy Chief Minister 1, Fairus Khairuddin.
After the meeting of the UMNO Political Bureau this afternoon at the Prime Minister's Department at Putra Jaya, the Prime Minister Datuk Seri Najib did not speak to awaiting reporters and had rushed for a 2 day working visit to Sabah.
In the meanwhile, Deputy Prime Minister Tan Sri Muhyiddin Yassin kept mum when reporters pressed the Penanti State by-election issue while at the Dewan Bahasa & Pustaka in Kuala Lumpur.
From feedback, the Penanti State seat is a stronghold of the Opposition and the chances of victory for the Barisan Nasional or UMNO is very slim. BN or UMNO does not want to be embarrassed by another defeat since they had already lost 4 out of 5 by-elections so far.
It is reported that the 'thief' and illegal Mentri Besar Datuk Seri Dr Zambry Abdul Kadir's claim that the decision to restrict the number of newsmen in covering the scheduled Perak State Assembly sitting on 7 May 2009 was to ensure comfort, is just a bullshit while it clearly seem to show that the Barisan Nasional fears that the truth which will be revealed over their force take-over of Perak would be exposed and how they convinced the Sultan of Perak, Sultan Azlan Shah to appoint their appointees, the instruction given to the Election Commission to refuse the notice to hold the 3 State seats after the resignation letters were given and the pressure and instructions given to the Courts to make decisions in Barisan Nasional favour although these decisions are ultra virus the State and Federal Constitution which even the kindergarden kids could clearly understand and explain, if required.
The rakyat need to be convinced the rush in holding this special sitting when the Courts are about to hear the application on who is the rightful Mentri Besar of Perak.
Another factor that Datuk Seri Dr Zambry always seem to claim is that the Barisan Nasional should be given a chance to prove themselves. After 52 years of administrating our nation, we can no longer accept this excuse since Barisan Nasional is well known to be uncaring, ineffective, inefficient, corrupt and arrogant and would go to any extend to capture the lost State to wipe them clean.
The time has come for the Barisan Nasional to realise that the rakyat no longer believes in them and if they do not change, come next general elections, the entire BN candidates will receive a fatal defeat.
There is intense speculation that the Sultan of Perak, Sultan Azlan Shah is contemplating to grant the request of the Pakatan Rakyat to grant the DISSOLUTION OF THE STATE ASSEMBLY before the scheduled State Assembly sitting arranged by the Barisan Nasional on 7 May 2009.
If this is done, the Sultan would be greatly admired by the Perakians since a snap State elections would settle the present political crisis.
There are indication that a massive gathering will be present at the State Assembly building on 7 May 2009 to show the dissatisfaction of the Perakians on how the elected representatives have been behaving which has created a political dilemma.
Will Sultan Azlan Shah DISSOLVE the STATE ASSEMBLY, as per the wishes of his subjects, Perakians?
I totally apologise for using the word 'pariah' in my caption but since Indians in Malaysia are treated worst than third class citizens and with this new development in Perak, the UMNO dominated Barisan Nasional 'illegal' Perak State government seem to use the Indians as just a push over just to meet their political agenda.
Rightfully, the Perak State Assembly Speaker V Sivakumar had never mentioned that he was going to step down and for Barisan Nasional 'thief' & illegal Mentri Besar Datuk Seri Dr Zambry Abdul Kadir to propose a new Speaker is premature and just to find a 'war' against the current Speaker, not realising that he and his Exco are still suspended since any decision of the Assembly under Article 72 of the Federal Constitution clearly states that 'it cannot be questioned in any Court of law' and the decision of the Federal Court is ultra virus and need not be obeyed.
The Speaker has total powers to dismiss or adjourn any proposal for the time being and if these practice are undertaken in other States which is controlled by Barisan Nasional, why not in Perak when the status quo is already in a limbo.
In proposing a Indian for the Speaker from the MIC is just a political gimmick of the UMNO led Barisan Nasional and further more MIC has no current serving Assemblyman in the State since they had a disastrous defeat at the last general elections. Its true that any person could be appointed in Perak, but why make a mockery of the situation and why during the previous administration controlled by BN, no such position were considered for the MIC man. If they are sincere, why not offer this position to the Indian Assemblyman in other Barisan Nasional States.
The Indians are just treated as 'push overs' just to meet their (UMNO's) political agenda and Indians would have to express their sentiments, especially by MIC and its members rather than appreciating this 'fake' offer.
R. Ganesan, a two term Assemblyman and lawyer should actually refuse this offer just to show that Malaysian Indians want to respect the true nature of parliamentary democracy practised and obey the laws of Malaysia.
INDIANS must learn that they should NEVER be used as SCAPE-GOATS by UMNO to achieve their political agenda.
"all quarters to respect theparliamentary democracy practised in the country andthe laws of the nation. - Bernama (as reported by theSTAR online)
First of all, the power grab by his UMNO-led BarisanNasional party by using 3 'frogs' who now claim to be Independents when they had vacated their respective seats with a resignation is already depriving the voters and Perakians a true government ELECTED BY THE PEOPLE.
With the aid of the 'senile' Sultan of Perak who thinks he can decide what's best for the Perakians, which now seem to indicate that he was force to do so for business favours, in appointing a new group of administrators from the BarisanNasional when he has no such power with him since the existing administrators (MentriBesar and his Excos from PakatanRakyat) have not resigned, is in total violation of the Rule of Law.
The Sultan of Perak should have DISSOLVED the State Assembly as requested by the legitimate MentriBesarDatukSeri Ir NizarJamaluddin, to avoid a political crisis.
Now by granting audience and giving 'fake' recognition, the Sultan of Perak had exceeded his POWER and TRUST his humble subjects have for him.
So what is wrong for the Perakians and those concern for TRUE JUSTICE to gather and demand the State Assembly to be DISSOLVED and to uphold the true spirit of parliamentary democracy as stated by the 'thief' DatukSeri Dr Zambry.
What is most honourable is to uphold ones statement and for this 'thief' DatukSeri Dr Zambry to twist and turn his word is most unbecoming of a trusted politician or leader.
Whatever said, the rakyat have a right to assemble to voice their say - so JOMkeIPOH this 7 May 2009 in the morning.
The Police or any authority being the SERVANTS of the rakyat should allow the Perakians to express their say and desire.
Malaysians especially Perakians have been reminded to be at the site of the State Assembly building on the morning of 7 May 2009 to express their dissatisfaction at the way the power grab by the UMNO-led Barisan Nasional government and also at the way the 'senile' Sultan of Perak had handled the matter by appointing the 'thieves' from BN rather than dissolving the State Assembly, paving a way for a snap STATE ELECTIONS in order for Perakians to elect a new State government.
The PEOPLE'S POWER need to be shown and lets be there.
The police, judiciary, Perak Palace and the State Secretariat have all been bias towards the UMNO-led Barisan Nasional government, which is against the State Constitution and Federal Constitution. All these institution need to realise they are SERVANTS of the people and once the PEOPLE'S POWER is shown, these institutions will be made accountable for their actions for not respecting the Constitution and face appropriate punishment.
COME TO IPOH IN BIG NUMBERS ON 7 MAY 2009 and this will create a FEAR on them that the people no longer will accept their nonsense.
Time to shown the incompetent, corrupted, unwanted and arrogant UMNO-led Barisan Nasional that the rakyat is fed-up with all their dirty tricks and its time that it is banned from the Malaysian scene.
Mohd Kamal Abdullah frequently writes in Malaysiakini, MalaysiaToday and in the FORUM column of MALAYSIA CHAT www.malaysia-chat.com. Kamal holds a law degree and was active in Malaysian Politics (a component party of Barisan Nasional) until of late, to concentrate on pursuing a post-graduate law degree in United Kingdom.