Tuesday, June 23, 2009

Clown Judges should be removed and punished

As pointed by former Court Of appeal Judge, N.H Chen, judges who do not administer Justice according to Law should be removed and Punished.Judges who make decision based on politics to please their political masters have brought disrepute to the judiciary and accordingly have committed a serious breach of ethics which should invite dismissal from the bench.

When the appeal case of NizarVs Zambry was brought before a one man Court of appeal Judge, Ramli Ali, the latter, granted a stay of the declaratory relief that was earlier given to Nizar by the High court Judge. Before going to the merit of Ramli's decision to grant the relief let us briefly examine the man who gave that relief. Ramli, if you recall was a Lingam appointed Judge.A former Chief registrar of the courts, his name was mentioned by Lingam when discussion with disgraced Chief Judge, fairuz on the manipulation of the judiciary and the appointment of cronies to the Bench took place at Lingam's house. Two other judges whose names were also mentioned and one of them who also played a crucial role in another case involved in the Nizar hearing was Datuk Ahmad Maarop,a former Commissioner of revision and Datuk Helililah Mohd Yusof, a former solicitor-General.

With such a tainted background that followed his appointment, it is hardly surprising how judge Ramli Ali could have returned a verdict in favour of Zambry with such haste.What is even more absurd was that his stay of the declaratory relief was not supported with any grounds of judgement.

And today we saw another clown Judge from the Federal court, Paul Augustine, giving another astonishing verdict that decided that Sivakumar, the Perak Speaker had no authority to suspend Zambry and the six excos members.And if the Doctrine of separation has any meaning since when do the judiciary has jurisdiction to review decisions made by the legislature? Is it not stated in the Federal constitution that Article 72(2) prohibits any proceedings of the legislature to be subjected to judicial review?

And what about the three clown Judges who heard the court case to determine the legitimate M.B ? The three Court of Appeal judges, Md Raus Shariff, Zainun Ali and Ahmad Maarop (remember this name linked to lingam) set aside the High court's decision ruling that Nizar was the rightful Menteri Besar 'at all Material Times' and held that Nizar had ceased to command the confidence of the majority of the Perak State assembly. Well it didnt seem to bother these three clown Judges that we have a constitutional monarch in Malaysia and by their ruling that the Sultan of Perak had the power to remove the Menteri Besar, the court have now bestowed the powers of an Absolute Monarch to the sultan who now have the powers to dismiss a serving menteri besar from the office without the necessity of the legislature convening to determine by voting whether he still command a majority in the Legislative assembly.By analogy, the King now can be construed as having absolute powers to dismiss the Prime minister without the need to convene a parliament sitting to determine whether he still command a majority in the Parliament.

One thing appears clear from these recent episode. All these Judges did not administer Justice according to the rule of Law and have definitely brought the Judiaciary to disrepute .It is quite obvious that their decisions were coloured by political considerations and by their acts have invited adverse criticism of the Judiciary.Their acts cannot and should not go unpunish. In the event, Pakatan should come to power the shameful acts of all these judges must be brought to account and be made to answer for their folly.

No comments: