Archive for category Perak
Congrats Zaki for being conferred a “Tun” but where is Court of Appeal judgment in Nizar vs Zambry case?
Congrats to Chief Justice Tun Zaki Azmi for being conferred a “Tun” on the occasion of the Yang di Pertuan Agong’s birthday on Saturday.
But where is the Court of Appeal judgment in the Nizar vs Zambry case after its five-minute shotgun unanimous decision 18 days ago overturning the landmark decision of Justice Datuk Abdul Aziz Abdul Rahim of Kuala Lumpur High Court by declaring Datuk Zambry Abdul Kadir (self-claimed 3-in-1 Mandela, Gandhi, King) as the lawful Perak Mentri Besar?
Court of Appeal judge Datuk Md Raus Sharif had promised on May 22 that the written judgment would be made available in a week when Datuk Seri Mohammad Nizar Jamaluddin’s counsel Sulaiman Abdullah gave notice of leave application to the Federal Court to appeal, but it is now 18 days since the Court of Appeal decision.
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Najib’s great analysis about failings of BN leaders with himself as foremost example
Posted by Kit in Najib Razak, Perak on Monday, 8 June 2009
The Prime Minister, Datuk Seri Najib Razak has made a great analysis about Barisan Nasional (BN) leaders too obsessed with positions and failing to “learn and change” after the political tsunami electoral defeat last year – except he did not realise he was describing himself as such a foremost BN leader.
Speaking at the People’s Progressive Party (PPP) annual assembly opening yesterday, Najib scolded BN leaders who were too obsessed with party posts, saying they should focus on the people and regain support for the ruling federal government coalition after its dismal Election 2008 results.
This is the Malaysian Insider report of Najib’s speech yesterday: Read the rest of this entry »
Najib – stop current police madness, end debilitating Perak crisis and unite Malaysians to face world’s worst economic crisis with Malaysia in recession
Posted by Kit in Najib Razak, Perak, Police on Wednesday, 27 May 2009
The Prime Minister, Datuk Seri Najib Razak should stop the current police madness, end the debilitating Perak crisis and unite Malaysians to face the world’s worst economic crisis in a century with Malaysia in official recession this year as the country’s GDP is expected to be in contraction of between one and 2 per cent.
The almost daily reports of current police madness, with the arrest of 21 persons in Ipoh yesterday for involvement in a peaceful hunger strike in protest against the unethical, undemocratic, illegal and unconstitutional power grab in Perak has taken gross abuses of police power to a new height.
At a time when the police should be going all-out to combat the endemic crime wave in the country to make Malaysians, tourists and investors safe, a fundamental prerequisite of the nation’s international competitiveness, the police are shocking Malaysians with one outrage after another in launching indiscriminate arrests against peaceful non-violent protestors for wearing black, singing birthday song, taking part in candlelight vigils and trespass of DAP hqrs by conducting a police raid without a search warrant, first time in DAP’s 43-year history and never allowed to be done by the first five Prime Ministers in the country. Read the rest of this entry »
Do take the trouble to understand before you find fault with the judges of the Court of Appeal
by N H Chan
Before you go about judging the judges of the Court of Appeal on their five minute oral decision which they handed down on Friday, May 22, 2009, please bear in mind the wise words of the most liberal of American judges, judge Learned Hand who once wrote – The Spirit of Liberty, p 110:
… while it is proper that the people should find fault when the judges fail, it is only reasonable that they should recognise the difficulties. … Let them be severely brought to book, when they go wrong, but by those who will take the trouble to understand.
I shall now try to help you take the trouble to understand the oral findings of the Court of Appeal. First of all we will look at what the New Straits Times, Saturday. May 23, 2009 has to say:
PUTRAJAYA. … In allowing the appeal by Datuk Seri Zambry Abdul Kadir that he was constitutionally appointed as menteri besar by the sultan on Feb 6, Court of Appeal judge Datuk Md Raus Sharif said there was no clear provision in the state Constitution that a vote of no confidence against Nizar must be taken in the assembly.
New police crackdown in Ipoh?
From http:// twitter.com/limkitsiang
26/05/09 16:19
Have to run from Thai Parliament and the twitter of the disgraceful police episode today from Bangkok ends here as well
26/05/09 16:18
All 14 heroes and heroines walking out now to the Ipoh police hqrs gate – to close another Day of Infamy in the Perak capital.
26/05/09 16:17
Yes, Kula the 14th and last to be released, on personal bond of RM1,000 and to report back to the police station on 26/6/09
26/05/09 16:16
MP Ipoh Barat Kulasegaran – where are you?
26/05/09 16:15
Assemblywoman Lim Pek Har 13th to be released
26/05/09 16:14
Most famous Speaker in the Commonweath V. Sivakumar signed and released
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Najib is the primary target in Penanti by-election – referendum on his first 2 months as PM
The Penanti by-election has been described as a dull and unexciting contest because of the absence of the Barisan Nasional candidate.
The PKR and PR candidate, Mansor Othman is challenged by three independent candidates. The real battle however is not between Mansor and the three independent candidates, but with the main protoganist publicly “hiding” from the contest, the Barisan Nasional and its leader, Prime Minister Datuk Seri Najib Razak.
Although there is no BN candidate, Najib is undoubtedly the primary target in the Penanti by-election, which is a referendum on the credibility, integrity and legitimacy of Najib in his second month as Prime Minister
Last night, Najib allowed the police to do what five previous Prime Ministers, Tengku Abdul Rahman, Tun Razak, Tun Hussein Onn, Tun Mahathir and Tun Abdullah had never done – police raid on DAP Hqrs in Petaling Jaya, the first time in 43 years, as if the DAP is a terrorist organisation when we had demonstrated our commitment to peaceful, democratic and constitutional change for over four decades.
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Losers On All Sides
By M. Bakri Musa,
It reflects how low the public’s respect for our judiciary is that a unanimous reversal by the appellate court of a High Court’s decision should be greeted with such widespread scorn.
We must await the Appeal Court’s written judgment so we could weight its wisdom, legal and otherwise, and compare it to that of High Court Judge Aziz Rahim who made the initial ruling in Nizar vs. Zamry. Justice Aziz gave his within a week. Let us hope the Appeal Court judges, being more senior and higher in the judicial pecking order, would do better and come out with theirs faster. After all they have to set the proper example.
At least the Appeal Court had the common sense to have a quorum of three to hear the appeal. It would have been better on a case of such import involving fundamental constitutional issues to be heard with the full quorum. At least those judges showed better judgment if not common sense than Appeal Court Judge Ramli who in his wisdom decided to hear by himself the appeal on the associated stay of execution.
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Emergency assembly an option to end Perak crisis? Forget about it Najib, impasse will get worse. Only option – hold elections now!
Posted by Kit in Najib Razak, Perak on Sunday, 24 May 2009
Prime Minister, Datuk Seri Najib Razak said today that an emergency meeting of the Perak State Assembly is an option to end the political and constitutional impasse in Perak.
Let me tell Najib – forget about it, as such an emergency Assembly meeting is no viable option and it could only make the impasse worse, dragging the nearly four-month-old political and constitutional crisis and stalemate indefinitely into the future.
What is worse, the protracted political and constitutional crisis and stalemate will stand as the strongest testament debunking Najib’s slogan of “1Malaysia. People First. Performance Now”.
What right has anyone to talk about 1Malaysia when he is incapable of promoting 1Perak, in fact single-handedly responsible for the political and constitutional impasse in orchestrating the unethical, undemocratic, illegal and unconstitutional power grab since early February?
Najib should bite the bullet and agree that the only way to end the political and constitutional impasse in Perak is to dissolve Perak State Assembly and return the mandate to Perakians in a state-wide general elections so that Malaysians can turn from the Perak stalemate to reunite to face the worst global economic crisis in a century. Read the rest of this entry »
Perak – the epicentre of Umno fault-line
Posted by Kit in Najib Razak, Perak on Saturday, 23 May 2009
by Augustine Anthony
22.3.09
(This article was written in anticipation of the Court of Appeal judgment in Nizar vs Zambry)
The judgment of Justice Abdul Aziz Abd. Rahim in the case of Nizar vs Zambry has attained clairvoyance status.
It had positioned the institution of rulers above politics, dignified the sultans and preserved the revered constitutional monarchy for generations to come.
In the ancient times the announcement of gestation or birth of crown prince will usually send sages and spiritual leaders into solitude in meditation and prayers in the harsh wilderness with the hope that the ruler to come will be benevolent to the subjects. History bears testimony of such adoration with monuments and poems of virtues and valour of such kings. Read the rest of this entry »
5-minute finding (not judgment) of Ct of Appeal shot-gun session declaring Zambry lawful Perak MB – hydra-headed monster claims another victim
Posted by Kit in Constitution, Court, Judiciary, Najib Razak, Perak on Friday, 22 May 2009
The hydra-headed monster of the Perak crisis has claimed another victim with the 5-minute finding (and not judgment) of Court of Appeal shot-gun session declaring Zambry lawful Perak Mentri Besar.
All who packed into the Court of Appeal in the Palace of Justice in Putrajaya to hear its judgment in the Nizar vs Zambry appeal could not believe that the whole shot-gun session was over in five minutes of delivery, not of a judgment, but findings of the Court of Appeal.
There was no reasoned grounds of judgment but mere findings of the Court of Appeal in an unanimous decision, i.e. 3 – 0.
As Professor Shad Faruqui had presciently written in his weekly newspaper column, the Perak crisis has become “a hydra-headed monster that cannot be eliminated by ding-dong judicial decisions”, and today, the hydra-headed monster has claimed another victim with the five-minute finding (not judgment) of the Court of Appeal shot-gun session declaring Datuk Zambry Abdul Kadir as the lawful Perak Mentri Besar.
Read the rest of this entry »
Zambry’s first Black 100 Days as squatter/usurper Perak MB – will Perak be Umno’s graveyard and Zambry the cause of Najib’s downfall as the last Umno PM?
Today is Datuk Zambry Abdul Kadir’s 100 days as the squatter and usurper Perak Mentri Besar – and the question on everybody’s mind on Zambry’s first Black 100 Days is whether Perak would be Umno’s graveyard in the 13th national general election and Zambry the cause of Datuk Seri Najib Razak’s downfall as the last Umno Prime Minister in Malaysia.
Professor Shad Saleem Faruqi has coined the most apt and powerful imagery when he likened the Perak political and constitutional crisis to a “hydra-headed monster that cannot be eliminated by ding-dong judicial decisions”.
Shad Faruqi opined that recourse to the courts is pointless and called for a stop to “this insane and naked show of unprincipled politics”.
The only way to end the hydra-headed monster of the Perak political and constitutional crisis is to return to first principles of democracy and the Constitution as spelt out by the landmark Justice Datuk Abdul Aziz Abdul Rahim judgment on the Nizar vs Zambry case last Monday that once a mentri besar is appointed, he is only answerable to the state legislative assembly and he could only be removed by a vote of no-confidence in the State Assembly and not by the Sultan.
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Abdul Aziz judgment on Nizar case
Today the Court of Appeal at the Palace of Justice, Putrajaya is hearing the appeal against the landmark judgment of Justice Datuk Abdul Aziz Abdul Rahim in the Nizar vs Zambry case delivered last Monday, 11th May 2009 declaring Nizar as the lawful Perak Mentri Besar.
Nizar is not getting a five-member Court of Appeal panel. The three judges hearing Nizar’s application to discharge Zambry’s “stay order” obtained by a single-judge Court of Appeal within 24 hours of the historic judgment and Zambry’s appeal against the Kuala Lumpur High Court judgment are justices Md Raus Sharif, Zainun Ali and Ahmad Maarop.
As I said in my tweet two hours ago:
“Parties agree that appeal proper b heard 1st and if at the end of hear’g ct cant give decision then discharge of stay will have 2 b heard.”
While we wait for the outcome from the Court of Appeal, the landmark Abdul Aziz judgment which illuminates the complicated terrain thrown up by the Perak constitutional crisis is worth reading (here).
Read the rest of this entry »
Shad Faruqi’s article on Perak crisis becoming a “hydra-headed monster” should be compulsory reading for Najib and Cabinet
Professor Shad Faruqi’s latest Star weekly column “Reflecting on the Law” on “Put interest of the nation first” and how the Perak crisis has become a “hydra-headed monster” should be compulsory reading for the Prime Minister, Datuk Seri Najib Razak and his Cabinet.
Shad Faruqi has made many points which I had tried in the past three -and-a-half months to communicate to the Prime Minister and the Barisan Nasional leaders but to no avail.
For instance, Shad Faruqi started his article thus:
“THE Perak political crisis can be likened to a malignant cancer that is voraciously spreading to the lymph nodes of our other institutions – the Sultanate, the judiciary, the federal executive, the civil service, the police, the law officers of the Crown, the court registry, the Anti-Corruption Commission and the Election Commission.
The longer we wait, the farther the affliction will spread. It is time, therefore, to stop this madness, this divisiveness, this polarisation.”
Ganesan’s presence caused and contributed to State Assembly ruckus
Posted by Kit in Perak, Police, State Assembly, UMNO on Wednesday, 20 May 2009
By P Ramakrishnan | President Aliran
18 May 2009
The claim by self-proclaimed Speaker of the Perak State Assembly, R Ganesan, that he had no choice but to summon the police into the House at the height of the ruckus during the May 7 sitting, is dubious and deceiving (Sunday Star 17 May 2009). There is no merit in his claim.
In the first instance, his entry into and his very presence in the Assembly is questionable. How on earth did Ganesan get into the Assembly? The Assembly building was out of bounds to all except the elected members of the Assembly.
There was a police cordon to prevent all the others from entering the Assembly. A 500 metre no-access zone was declared and anyone found anywhere near this perimeter were either chased away or were arrested when they resisted the police orders.
Even Perak Members of Parliament were denied access to the Assembly. Veteran MP Lim Kit Siang was refused entry into the building in spite of the fact that he had come with the invitation letter from the Speaker to attend the Assembly sitting.
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Is Najib prepared to emulate his father Razak and order Zambry to vacate and stop squatting in the Perak MB Office?
Posted by Kit in Najib Razak, Perak on Tuesday, 19 May 2009
The reasons given by the Prime Minister and Barisan Nasional chairman Datuk Seri Najib Razak why the Barisan Nasional is not contesting the Penanti state assembly by-election in Penang on May 31 does not bear scrutiny.
Najib said the Penanti by-election is not an election provided for by the Constitution but a political game being played by the Opposition and the BN did not want to play to their tune.
He declared: “Barisan’s priority is to serve the people and work to revive the country’s economy.”
What political gobbledegook! Read the rest of this entry »
Why is Zambry getting ‘special treatment’?
(When I spoke at the public forum “From May 13 to 1Malaysia – The Future of Malaysian Nation Building” at the Petaling Jaya Civic Centre on Wednesday, 13th May 2009, I had posed two questions, viz:
1. Why the Court of Appeal could fast-track to hear within three hours Datuk Zambry Abdul Kadir’s application for “stay” of Justice Abdul Aziz Abdul Rahim’s landmark judgment delivered on 11th May that Nizar was the lawful Perak Mentri Besar and grant it in another hour; while it was snail-pace in needing five days to hear Datuk Seri Mohd Nizar Jamaluddin’s application to discharge Zambry’s “stay”; and
2. Whether Malaysians can expect justice in cases involving top Umno leaders when there is an Umno Chief Justice, Tan Sri Zaki Azmi?
This proved to be an understatement, as last Friday, it was announced that Nizar’s application to set aside the stay order, filed on 13th May, was postponed from May 18 to May 21 – the hearing date for Zambry’s appeal.
Zambry required less than three hours after filing his application to get a single-judge Court of Appeal to hear his “stay” request, while Nazry requires eight (from the earlier five) days to get his application to discharge the “stay” order heard.
Is this justice.
No wonder Leong Cheok Keng, Nizar’s solicitors, raised a very pertinent question in his six-point statement below, framed by Malaysiakini as “Why is Zambry getting ‘special treatment’?”: Read the rest of this entry »
BN SC tomorrow – dare UMNO, MCA, Gerakan and MIC leaders speak the truth to Najib to cut losses in Perak and face state general election?
Posted by Kit in Najib Razak, Perak on Sunday, 17 May 2009
Tomorrow is the first Barisan Nasional Supreme Council meeting of Prime Minister, Datuk Seri Najib Razak and it is shaping up to be an acid test whether the BN Supreme Council is going to be a new meeting of equals or of just like the past, between the Umno hegemon with subservient characters from the other Barisan Nasional component parties.
The May 31 Penanti state assembly by-election in Penang will be on the agenda, but even more important is the three-and-a-half-month-long Perak political and constitutional crisis which have brought one national institution after another into disrepute as well as undermined Malaysia’s international image and competitiveness.
Not only Pakatan Rakyat parties of DAP, PKR and PAS, but also independent organisations and NGOs like Suhakam, Bar Council, Council of Churches, Chinese guilds and associations, but also individual leaders from BN component parties have spoken up for the only viable solution to the Perak constitutional and political impasse – dissolution of the Perak State Assembly to return the mandate to Perakians in state wide general elections.
The question is whether Umno, MCA, Gerakan and MIC top leaders dare to speak the truth to Najib at the Barisan Nasional Supreme Council meeting tomorrow that Najib should put national interests above party and personal interests, cut losses in Perak and face Perak state general elections to allow the people of Perak to decide their own political future. Read the rest of this entry »
Najib improperly intefering with Court of Appeal hearing on Nizar vs Zambry case
Posted by Kit in Court, Judiciary, Najib Razak, Perak on Saturday, 16 May 2009
It is most improper and irresponsible for the Prime Minister, Datuk Seri Najib Razak to try to influence the Court of Appeal hearing on Thursday on the Nizar-Zambry case, undermining judicial independence and integrity.
This is the first time in my memory in the past 43 years that a Prime Minister had made a public pronouncement on a matter which is the very subject of litigation before an appellate court, as if the Executive is sending out a clear, unmistakable and even threatening message to the Judiciary of the executive interests in a case pending before the Appellate court.
And if such impropriety had not happened in the past 43 years, it would not have happened in the first nine years of the nation’s independence, as Bapa Malaysia and the first Prime Minister, Tengku Abdul Rahman would have been very careful and meticulous in ensuring that there could not be any speck of suspicion that the Executive was interfering with the judiciary.
Hasn’t Najib heard the doctrine of the separation of powers among the executive, legislature and judiciary and the principle of the independence of the judiciary and the need for the Executive not only to respect, but also to be seen to respect, the integrity of the judiciary?
None of the previous five Prime Ministers had gone so far as to openly dictate to the judiciary how to it should adjudicate cases involving the Executive – despite the judicial darkness of the past two decades.
Why is Najib prepared to commit such a flagrant and blatant act of Executive disrespect and contempt for the Judiciary in such public and international manner?
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Perak crisis has become national crisis – PR leaders meeting today
Posted by Kit in nation building, Perak on Thursday, 14 May 2009
The Prime Minister, Datuk Seri Najib Razak has said that Pakatan Rakyat must not set terms or conditions if it wants to talk about the co-operation to resolve the Perak political crisis.
As I said in my speech at the public forum “From May 13 to 1Malaysia – The Future of Malaysian Nation Building” at the Petaling Jaya Civic Centre last night, Pakatan Rakyat leaders will meet today and this subject will be top on the agenda.
On Saturday, while travelling between Kangar and Alor Star, I received news that the remaining three Hindraf leaders, DAP Selangor State Assemblyman Kota Alam Shah, P. Uthayakumar and K. Vasanthakumar, had been sent off from Kamunting Detention Centre for release under the Internal Security Act.
In a media conference in Alor Setar at about 4.30 pm, I said that the time had come for Najib to have a summit meeting with Pakatan Rakyat leaders to resolve the protracted Perak constitutional crisis and political stalemate.
I said that the release of the Hindraf leaders by themselves were not adequate measures to restore public confidence in key national institutions in the country, especially when the Perak constitutional crisis had become a Malaysian political crisis undermining national confidence in the key national institutions and impairing Malaysia’s international image and competitiveness.
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Zambry (self-claimed 3-in-1 Mandela, Gandhi, King) returns to SUK as a doubly illegitimate Perak MB
Datuk Zambry Abdul Kadir (self-claimed 3-in-1 Mandela, Gandhi, King) returns to the Mentri Besar’s office in SUK (State Secretariat) Perak this morning as a doubly illegitimate Perak Mentri Besar.
When Zambry first entered the Perak Mentri Besar’s office on Feb. 6, 2009, he was just illegitimate Mentri Besar as it was the result of an unethical, undemocratic, illegal and unconstitutional power grab based on three “political frogs” who have since disappeared from public view and dared not return to their constituency to meet their voters.
When Zambry re-entered the SUK today, he had become doubly illegitimate Mentri Besar as a result of the landmark Kuala Lumpur High Court judgment that there was never a vacancy for him to become a lawful and legitimate MB.
Zambry knew that since Monday, he had become doubly illegitimate as pretender Mentri Besar after the judgment by Justice Datuk Abdul Aziz Abdul Rahim declaring Datuk Mohd Nizar Jamaluddin as the lawful Mentri Besar.
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