Friday, August 21, 2015

China Has every Right To Blame the Malaysian Govt For the MH370 Crash

The fury caused by the crash of MH 370 is understandable. The mainly chinese passengers in flight MH370 has every legal and moral right to ask the Malaysian govt to explain how and why the crash occurred. And if proper defence strategy had been adopted (by most countries was followed ), most likely a catastrophic incident could have been avoided.

When MH370 made a u turn from its program route to Beijing, defence radar should have detected something amiss and should have immediately deployed fighter jets to accost the unidentified plane. Why was this not done? Only a day later did the defence dept came up with the statement that because they thought the control tower had ordered them to return back to base.This statement clearly pointed to a dereliction of duty by dept officials who were monitoring the radar system Had the people monitoring the radar system had been alert on real time , they would through standard operating procedure send out fighter jets to accost the unidentified plane.After all how do we know whether the plane is hostile or not ? 

The sixty four dollars question is whether a crash could have been avoided if proper actions by the defence dept had been adopted.The answer is yes. If fighter jets had taken to the sky and accosted MH370, most likely any crash could have been avoided. In a worst case scenario at least if it crashed then the fighter jets would have a clear view of the crash site. Early detection of the crash site could possibly even save lives if measures were adopted expediously to save survivors.

Alot of questions need to be answered by the Malaysian govt not least by the defence Ministry as to why no fighter jets were send to accost MH370 when it was revealed an unidentified plane was shown on the military radar screen.on real time. Its even ludicrous for the Deputy Defence Minister to offer the excuse that the military people had worked on the assumption that control tower had ordered the plane to return to base. This cannot be true because at that point of time they had not confirmed the unidentified plane was MH370.. How lackadiscal for the minister to act on assumption when the security of the whole country is at stake.What if they were wrong and the plane was a hostile one? Certainly some one from the defence ministry must be asked to explain this dereliction of duty which could jeopardise the nation's security.

Hudud Has No chance of Being Tabled in Parliament

It is indeed shocking to learn that so called political analyst Mahavera opinioned that 'without PKR, PAS can still pushed through Hudud'. Even without any basic legal knowledge a novice in Law can see through such a fallacious  statement. It is rather unfortunate that political analyst without knowledge of the legal ramification should make such a sweeping statement which would only be trying the to mislead the public at large.

Our founding fathers have framed our constituition to be a secular one and any attempt to thwart that constituition by replacing it with a theocratic Islamic one is totally in contravention of the Federal constituition. Neither did our founding fathers envisaged  a parallel law system with one for muslims and another for non muslims. This would undoubtedly create a discriminatory penal system whereby separate punishment would be meted for the same offence.

It is elementary knowledge that any state laws which are in contravention of the Federal constitution would not see the light of day in  Parliament .Therefore, it would only be an act of futility if PAS choose to submit a notice to table a Private Member's Bill in the current session of amend the Syariah Courts ( Criminal Jurisdiction) Act 1965.

The speaker in Parliament has no option but to reject the submission of such a Private's member bill for the simple reason that any Bill submitted that contravenes the Federal constitution would not be entertained nor debated in Parliament..