Thursday, May 21, 2009

Federal court judgement; A double edge sword..

24/04/2009 by drrafick

1. As anticipated, Deo, the cub (Gobind Singh Deo) declared that he would file a case to lift his suspension in the Parliament. He will cite the judgment of the Federal court in the case of Zambry Vs Nizar where the Federal court rule in favour of Zambry et al despite the presence of Article 72 of the Federal Constitution.

2. Zambry who seems to have found some miraculous victory in the Federal court is not seeking several more judgement that would allow him to continue to function as MB. The latest news on Malaysiakini showed that now he will have more help when the High Court allowed Attorney-General (AG) Tan Sri Abdul Gani Patail to intervene in Datuk Seri Mohammad Nizar Jamaluddin’s suit challenging the legitimacy of Datuk Dr Zambry Abdul Kadir’s appointment as Perak MB.

3. The biggest joke would probably be the AG excuse in trying to intervene where he cite that it has to intervene on the excuse being the guardian of public interest. I would say that if the AG really concern about the public interest then he should have advice the King to advice his fellow ruler in Perak to dissolve the assembly. The way I see it, “public interest” probably represent small segment of the public which is aligned to Zambry.

4. I am not to concern about Deo action at the moment but I am concern about the long term impact of the Federal Court in the governance of the country. Parliament and state assembly are no longer free from court interference. The highest court of the land can now rule on the organization and people that makes the law.

5. The action of the Federal court in violating Article 72 will open a flood gate. This decision is so unique that it is probably the only kind within the Commonwealth. In the future, any assemblyman who is unhappy with running of the State Assembly or Parliament can always goes to court. This will affect the smooth running of the Parliament or State Assembly.

6. The qualities of the running of the decision making body will now deteriorate very fast. I would say, from the wet market situation currently it will become far worse. It would probably be equal to the Selayang Wholesale Market. The speaker will have its hand full.

7. In my view the decision of the Federal court has far reaching implications and beyond the imagination of a man (or woman). The five judges have created a mockery. I am still waiting for the written judgment to be out, so that I could understand further the reasons behind their decision. I wonder what they were thinking about when they made the judgment. Whatever it is, their action cannot be retracted.

8. There is a popular Malay proverb that says, “Terlajak perahu boleh di undur, terlajak kata badan binasa”. In this case the so called “badan” will the country and we owe it to this five person that sits on the bench of the Federal Court. This “famous five” will be remembered in history in years to come. May God (Allah) bless this country and its honest people.

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