No wisdom in Msian judiciary - not even common sense

From: OngBak3
Subject: No wisdom in Msian judiciary - not even common sense

The Federal Court’s ruling on 25 February 2010 that it had no
jurisdiction to review its own decision is utter nonsense. The three
judges who came to this conclusion on Rule 137 of the Federal Court
Rule - Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff and
Heliliah Mohd Yusof - were referred to by the former Court of Appeal
judge, N H Chan, as “incompetent judges – perhaps they were clowns as
their statements were laughable.”

N H Chan has brilliantly summed up the reaction of Malaysians to this
atrocious judgment by stating, “We, the ordinary citizens of this
country, are stunned by the ignorance of our judges of the highest
court in the land…”

In a very scathing indictment, without mincing his words, he put it
bluntly, “It is only when we have fools on the bench that I can point
out that what they have decided is not the law.”

When these personages garbed in judicial robes deliver judgments that
are so bereft of wisdom and common sense, we wonder what is the
purpose in turning to the courts for justice. Do we indeed need these
courts when judges don't deliver justice and “do not know justice from
injustice.”

The bone of contention in this issue is Rule 137. Let’s take a good
look at Rule 137 of the Federal Court to understand what it is all
about. In simple, clear terms, Rule 137 of the Federal Court states:

“Nothing in these rules shall be deemed to limit or affect
the inherent powers of the Court to hear any application
or to make any order as may be necessary to prevent
injustice or to prevent an abuse of the process of the Court.”

I’m not schooled in the law but it seems plain enough to me that this
rule does not in any way limit “the inherent powers of the Court.”
In other words, it can “hear any application or make any order as may
be necessary to prevent injustice or an abuse of the process of the
Court”.

It is very clear that this rule empowers the Federal Court to prevent
an injustice whenever it occurs. It also has authority to prevent an
abuse of the process of the Court when certain elements resort to the
court to legitimise an illegal act or fraud.

This empowering rule allows the Federal Court to prevent injustice and
the abuse of the judicial process when certain judges discard their
oath of office and deliver judgments that offend and betray the rule
of law.

We have witnessed how this court process was abused in the case of
the Perak State Assembly crisis, aided and abetted by judges who
seemingly come across as people who have little understanding of the
law; as people who are not capable of applying the law as it stands
and as people who don't care for the law.

The judges were so blatant and biased in their decision that N H Chan
has rightly put it, “The so-called Perak crisis has brought out a host
of cases that showed that the judges gave the impression that they
were one-sided. The perception of the people is that they sided with
the BN government.”

Now, this decision that disappointed thinking Malaysians cannot be
reviewed because the recent Federal Court decision had foolishly
ousted its jurisdiction. It is, perhaps, done deliberately so that
the injustice perpetrated by these judges cannot be corrected in the
future and they cannot be exposed as shallow minds sitting on judicial
benches. According to N H Chan, these judges are “such lowly
individuals (who) should never be allowed to sit on the seat of
Justice...to be judges at all. And yet there are so many of them in
the judiciary today ever since the rot began”.

When the ignorance of these judges was so gross and their decision so
perverse, befuddled Malaysians are wondering why the Bar Council had
nothing to say with regard to this ridiculous situation. Shouldn’t
justice be their sole concern? Doesn’t this flagrant injustice as
perpetrated by the Federal Court mean anything to them? In the
interest of their profession, aren’t they expected to be troubled by
this decision?

Why then has the Bar Council not commented or taken a stand on this
issue?

We cannot allow this scandalous situation to continue or persist. The
Bar Council is enjoined by the Legal Profession Act 1976 under 42(a)
“to uphold the cause of justice without regard to its own interests or
that of its members, uninfluenced by fear or favour”. It is a national
obligation that has been entrusted to the Bar Council by an act of
Parliament “to uphold the cause of justice.” It must remain true and
faithful to this sacred responsibility.

Aliran would like to call upon the Bar Council to boycott the courts
one day in a month, every month, until this decision is rescinded or
reversed so that the avenue to seek justice is not foreclosed .

The Bar Council may also want to consider boycotting the Federal Court
until this matter is righted. This move is not without precedent. In
1988, the Bar Council adopted a resolution to boycott the Supreme
Court and the Lord President, Tun Hamid Omar, for the abysmal role he
played in the ouster of Tun Salleh Abas to weaken the judiciary and
strengthen the hand of Dr Mahathir Mohamad, the politician.

The nation looks up to the Bar Council to make a stand at its AGM
tomorrow. Will it take up the challenge and live up to our
expectations?