- Edmund Burke
As reported in The Malaysian Insider!
Former Justice N.H. Chan commented on Justice Datuk Balia Yusuf Wahi of the High Court dismissing the application by V. Sivakumar, Speaker of the Perak State Assembly, to strike out an original summons brought by the 3 frogs, stating that Sivakumar’s order to declare their assembly seats vacant was illegal, as follows:
I don’t have to tell you how to judge the judge. You must know by now how to do it if you have read my articles in the Internet. You will know he is a bad judge if he behaves unfairly to one side as against the other.
It is your perception as a member of the public that matters and not what the judge thinks of himself. A judge who does not appear to be fair is useless to the judicial process. As such he is a bad judge and is therefore unfit to sit on the bench.
The other essential qualification of a judge is to administer justice according to law. That said, we can now judge this judge.
Article 72, Clause (1) of the Federal Constitution clearly states:
72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
Yet Mr Justice Balia Yusuf Wahi, who knew that the Speaker’s order which was made in the Legislative Assembly was a proceeding in the Legislative Assembly, dismissed the Speaker’s application to strike out the summons of the three turncoat assemblymen who were asking the court to question the validity of what the Speaker had done in the Assembly.
As you know what the Speaker did in the Assembly, rightly or wrongly, is not to be questioned in any court.
Isn’t what the judge had done by dismissing the Speaker’s application to strike out the turncoats’ summons, not administering justice according to law?
The judge had gone against the Constitution of Malaysia which is the supreme law of the land.
What do you call a judge who has defied the law of the land? A renegade judge?
How long shall the land mourn, and the herbs of every field wither, for the wickedness of them that dwell therein? the beasts are consumed, and the birds; because they said, He shall not see our last end - Jeremian 12:4