Thursday, April 16, 2009

Judge going against Constitution of Malaysia?

It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion
- 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


  1. Judges have been interpreting and making the law for centuries. They usually do this by starting with
    'We are distinguishing this from the precedence and law...blah, blah, blah...'

    But where the Constitution clearly says the Speakers actions may not over-ruled by any Court, and the Court does so anyway, then the Judge is concocting a convenience. In this instance I think they want to save the Sultan's face. Malaysia bolih!!

  2. Former Lord President Tun Mohamed Suffian Hashim repeatedly insisted in his foundational written texts that....

    in Malaysia, the constitution and nothing but the constitution is "the supreme law of the land".

    Malaysia cannot afford to see constitutional principles imperilled, and constitutional processes jeopardised —

    not even out of an understandable impatience, or a conscientious determination, to see the urgent political and practical problems of the day speedily resolved.

    Clive S Kessler is Emeritus Professor of Sociology and Anthropology at the School of Social Science and International Studies at the University of New South Wales in Australia.

    Desperate People, at Desperate Times, will RESORT to Desperate Henious Actions even if it means “Destroying” their “Honourable Family Legacy”, our National Constitution, our Monarchy, All our nation’s Institutions, Pillars of Democracy & Justice, their own “MALAY MUSLIM HADHARI” party “UMNO” beyond “Redemption”, their own Kind, this country & its Many People!

    With the “Haprak & Goblok” UMNO/BN Leaders “Bankrupt of Intelligent, Legal, Constitutional, Political, etc SOLUTIONS”.....

    They & their “Mercenaries” will always be in Denial & therefore resort to “Alternative Tactics” which can only be found in their Gutter Politics & Law of the Jungle “Holy Book”!

    Party promotions based on “seniority, patronisation, money politics, etc” without “Meritocracy and Proven Track Records” leads to “Leaders” that UMNO is inheriting - “Elite, Ketuanan UMNO BEGGARS”....

    Remember…One must always be MAGNANIMOUS in VICTORY....


    UMNO baru is too deep in its 4th stage “Terminal Cancer” NOW, to be CURED”....Period!

    Remember “What goes round, will come round to these Desperate UMNO Ketuanan Beggars” - Past, Present & Future.

    The “Opressors” will “FAIL” & God Almighty will ensure “Justice” will be done.

  3. Hi Ktemoc

    See Tulang Besi's comments:

    I'm waiting for the usual
    spins from the usual group of
    pro-BN apologists. Cognitive dissonance within and Freudian projections without aplenty, I bet. :)


    Phua Kai Lit

    P.S. I don't believe in Golden Ages. Live fully for today and work for a better tomorrow. Carpe diem!

  4. One Malaysia whatever it means will only have meaning if the country is run in accordance with the constitution and the Rukun Negara. Ramlax