Tuesday, March 3, 2009

Perak On A Roller-Coaster: Bar Council Sucks

Hantu Laut

It will be roller-coaster week for Perak and the drama will continue even after the court have made a decision. Pakatan and its belligerent Speaker will not give up.

If the court do decide in favour of the Sultan's decision and for the BN they will say the judiciary is corrupt and under the control of the executive.The President of the Bar Council Amiga Sreenvasan has imputed that the court would not be fair.

It has now become an interpretation of the law, more on racial sentiments, rather than the letter of the law. The worst culprit is the Bar Council.

Bar Council's vice president Raguneth Kesavan criticised statements made by the Perak police chief promising to take action against anyone who gathers in front of the state assembly building or taking part in an illegal assembly.

This half-past six lawyer said “The police as an enforcement agency must be seen to be neutral. Right now, they are perceived to be anti-Pakatan,”

What exactly is he doing by opening his big mouth? Isn't there a law against illegal assembly? Is he encouraging people to go against the law.Weren't he and his President Amiga Sreenevasan showing bias, anti-government and pro-Pakatan.As professionals why don't they wait for the court to decide the case, be independent like they wanted the police and the judiciary to be, before trying to show their expertise and misled the uninitiated. Looks like the pot calling the kettle black.

Of course the Bar Council can speak out, but in this case , they have shown extreme bias and questioned and interfered with the Sultan of Perak constitutional rights.They all know the Sultan needs not accede to Nizar's request for dissolution as the Sultan deemed he has lost the majority confidence of the assembly yet they insisted it be so.

As a lawyer friend once told me "Free advice is no advice".Unsolicited and free would be of worst value.

This irresponsible lawyer and President of the Bar Council said:

“We are very surprised the police is ignoring the Speaker,”

“Our institutions, that is the courts, the police, et cetera, are being tested and we can judge for ourselves whether they are acting independently or not,”

"There are serious doubts as to whether the police is acting independently,”

She observed that what is going on in the state “shows a total breakdown in relation to the structures and sanctity of the legislature”.

“It shows a violation of the role of the Speaker and an intrusion into the processes of the legislative assembly,”

Firstly, I would like to ask this learned person Amiga whether the law against illegal assembly (protests and demonstrations) has been repelled, suspended or abolished ?

From whom does she expects the police to take order from, the law, the government, Pakatan or the Bar Council?

Secondly, did the Speaker of the Perak Assembly acted in good faith and with impartiality when he suspended the new MB for 18 months and the new Exco members for 12 months and on what ground were they suspended when all the appointments were made by the Sultan? Isn't the Speaker going against the constitutional rights of the Sultan and try to shame him publicly by resorting to foul play to rebel against the Sultan's decision and reinstalled an illegal government?

Maybe, this Amiga person forgot that only majority of the legislature can form the executive, which is exactly what the belligerent speaker is trying to do. Using unscrupulous means to retain power.

If Speakers of state assemblies have the power to decide who the MB should be than all the sultans in Malaysia would become redundant.

BREAKING NEWS

PERAK'S VAGABOND ASSEMBLY

The belligerent Speaker of the Perak assembly has adopted the Indian's fish head curry Penang's style.He convened his assembly under a tree and the assembly have passed a vote of confidence in illegal Menteri Besar Nizar Jamaluddin and seeking dissolution of the assembly.There was no mention how many marionettes attended the wayang kulit.

Pakatan is rearing for a fight and a showdown.We can't see or hear the puppeteer.

<span class=Perak state assembly members held an emergency sitting at a vacant lot about 200m from the state secretariat building on Tuesday morning. -Picture by SAIFUL BAHRI/The Star ">

Perak state assembly members passing a motion during the emergency sitting held at a vacant lot about 200m from the state secretariat building on Tuesday morning.

How do you dissolve the assembly if the Sultan doesn't agree.You mean in Pakatan-ruled states the speaker can dissolve the assembly?

NIZAR THE COURT JESTER ?

Ousted Menteri Besar Nizar Jamaluddin is going to the royal court at the palace to entertain the Sultan with his request for dissolution of the Perak State Assembly. The whole idea is to play up the people's emotion and embarrass the Sultan.He knew he would never be allowed into the palace and this is exactly what he and Pakatan wanted and has planned all along.To make the Sultan look bad in the eyes of the people and to rile them up.

Is Perak dicing with emergency rule ?

ASSEMBLY ILLEGAL

Another setback for Nizar and Pakatan.The Ipoh High Court today declared the emergency sitting of the Perak state assembly illegal.It says the speaker has no power to call for sitting of the assembly only the Sultan is authorised to do so under Article 36(1) of the Perak Constitution.

Although, they know they have a weak case and are banging their heads against a brick wall Pakatan will continue to twist and turn the interpretations of the State Constitution to fool the people.They are more interested in the court of public opinion rather than the court of law. The charade will continue.

49 comments:

barbie said...

"Isn't the Speaker going against the constitutional rights of the Sultan.."

You are funny Hantu, how it is against the constitutional rights of the Sultan, when HRH acted not in accordance with the Constitution?

You are trying very hard to polish Sultans balls, I can see from several of your postings, implying the Sultan cannot be questioned, as such.

fearless said...

HL,

I agree with you 100 percent.

Further, it is the police duty to maintain peace, with such hostile situation, the police did the right thing to warn those trouble makers.

If the police do nothing and there are bloodshed, the public will take the police to task, and you should know the damn PR people and bar council will be the most vocal to condemn the police.

SM said...

HL,

Hahahahaha!
No the Speaker (nor ANY of the Royalty) has the right to choose the Government. The Rakyat has that right!
Dissolve the Perak State Assembly...& let the people decide (oh...wait....no...cannot lah...the PR has poisoned the peoples' minds & they will not vote for the BN. The people are so stupid that PR & DSAI can do this! Only BN act justly & have the peoples' interests at heart!).
Hahahahaha!
The BN (Read: UMNO) is getting a dose of it's own medicine & it's soooooo hard to swallow isn't it?!
Hahahahahaha!
Go Nizar! Go Nizar! Go Nizar!

Anonymous said...

Hey Hantu, this stand off between the speaker and SUK doesn't follow your "who decides first, gets" ka?

Clearly for this one, the speaker decides to convene the dewan first, right? Then the SUK decide second, to lock out the dewan?
"who decides first, gets" so the speaker la :-)

Are you also 'flip-flopping'?
Apa ini?

Mr status-quo

Anonymous said...

What right has the Police to blockade the state assembly building and disallow the ADUN's from getting in.

I think Hantu you are a clown and a total idoit and I bet you that you are a card carrying Umno Youth member and also standing for the Umno youth elections.

Clown and idoit were kind words and you are lucky that I read you posting to see how the racist acts in Malysia.

Idoit Idoit

Anonymous said...

HaHaHA !

you are funny, you sound like an expert in law, may be look like one too ? But, you definitely not one .

Your biased stance, and your rhetorics that shifts like lallang in the wind makes you sound like and looks like a fat clown in the ring.

fearless said...

The clowns performed the circus under a tree!...kakakakakakak

Anonymous said...

Changes and revolutions are made on modest grounds.....Under the tree is a good place for one. This one is not a revolution, just the exercise of the people's representatives toward letting the people decide for themselves....

fearless said...

More clowns here,

At the High Court, Sivakumar’s lawyers withdraw from the case after Judicial Commissioner Ridwan Ibrahim rules that private lawyers have no locus standi and cannot represent the Speaker

Ridwan says that under the Government Proceedings Act, the Speaker can only be represented by the state legal advisor, or lawyers appointed by the latter, because he is part of the state government.

Kakakakakakak.......Sivakumar’s lead counsel, constitutional expert Tommy Thomas, does not even familar with the laws.

Ever Onwards said...

It is utterly comical to find someone who is not conversant with the law trying to pontificate on what is "right" or "wrong" according to the law, and doing it arrogantly too! He only makes a fool of himself here.

He also makes the stupid implication that the BN has the right to determine which government Perak has, and not the rakyat. If he believes in democracy at all, he should say that the rakyat should be given the vote here, and not the illegal government led by Zambri. Please do not talk with a forked tongue!

fearless said...

Some people still did not get it, the clowns turn the state assembly into a circus, they are happy with it.

SM said...

HL,

No matter what, history has been made in Malaysia today (in Ipoh of all things!).
The UMNO Racists goons & the licenced thugs (PDRM & FRU) could not stop it either!
Nothing worthwhile was ever achieved without sweat & pain & it will be the same in Malaysia...the UMNO Racist Regime will fall eventually (like the Berlin Wall, like the Nazi Regime & like the South African Apartheid Regime)!

kittykat46 said...

There is no illegal assembly.

If Parliament House were to collapse tonight due to a landslide (not totally unbelievable), the Speaker can very well reconvene it tomorrow morning "DiBawah Pokok" or the nearest Balai Raya, as long as there is a quorum.

It is not under the jurisdiction of the Secretary of the Assembly to declare the Aseembly illegal. The Secretary of the Assembly is a civil servant subject whose job is to carry out the administration of the Assembly under the direction of the Speaker.

BN has the right to go to the courts to attempt to stop the Assembly sitting, and try declare it, and any resolution passed by the said Assembly as illegal.

BN does NOT have the right to rope in the police, State Civil Service, my dog, your cat, my uncle's horse, etc. etc. to block the Assembly from sitting.

Police have no right to interfere with the lawful business of the Assembly.

Even Syed Hamid Al-Blur today declared (under a different context- but the principle applies) that Police have no automatic right to enter Parliament House without the consent of the Parliament.

Ever Onwards said...

"fearless said...
Some people still did not get it, the clowns turn the state assembly into a circus, they are happy with it."

Yes, I get it, and I get it very well: here is a clown who calls other people clowns! Thanks for making me laugh!

Anonymous said...

I think HL is totally confused.

Pls lah, dont use all these illegal assembly nonsense to detract from the real abuse of power here.

Yes, agreed, stop all the illegal assemblies then.

Agreed totally, the police should ask them to disperse.

But under what right does the Police have to stop the speaker and the assemblypersons from entering the state secretariat to conduct a state assmebly!

Whos the police in this regard?

Who asked them to stop sivakumar from entering!!! who are they taking orders from?

this is what is meant by seperation of powers, something correctly articulated by the bar Council

learn something HL!!! dont just b an UMNO parrot!!!

fearless said...

I think Najib a bit lenient here, some fools put Malaysia to shame by treating the state assembly like a market place, yet he still do not lock up those trouble markers.

Anonymous said...

fearless said...
HL,
I agree with you 100 percent.

Totally agree with you. Those clowns convening state assembly meeting under a tree? Isn't this constitute an act of making a mockery of the state assembly?

Anonymous said...

fearless and hantu are one and the same. Hantu has a slip personality.

Anonymous said...

Go Hantu go, go!

These detractors seems to conveniently forget that when Nizar initially request for dissolution to Sultan of Perak, he is already the minority government. Nizar has lost power.

The rest are all window dressing and licking of wounds.

A chess player will know his/her losing position even if his/her king is not captured. He/she will concede defeat even though the game can continue until the pieces are all down. But for what?

Incidentally, the ADUNs Cherry Tree request that the Sultan of Perak to dissolve the assembly. Deja Vu.

Popular revolt, this is not. Just Fuckatan Riot licking its wonunds.



MRSM Kalae Chepo 66/73

Hantu Laut said...

Ever Onwards,

I usually don't response to stupid or foolish comments but I find yours awfully challenging.Instead of making sweeping statement that I don't know the law and making fool of myself, why don't you, since you are an expert in law, answer the questions I put forward in my article.Maybe you or anyone from the Bar Council can answer the following.

1.The amendment that repel,suspend or abolish the section of the law against illegal assembly ?

2.The section of the Perak Constitution that gave the speaker the power to defy the Sultan's constitutional right to appoint a menteri besar whom in his opinion has the majority support of the members of the assembly.

You don't have to answer the rest, just these two suffice.

I always write as simple as possible without being superfluous, yet you can misinterpret what I wrote.You say I also makes the stupid implication that the BN has the right to determine which government Perak has, and not the rakyat.

Where in my article did I mentioned that kind of stupid and most presumptuous statement? I said the Sultan has the constitutional right to appoint the menteri besar.The Sultan is not the BN, if you don't know.

Not only you are lost in translation, your knowledge of the law and politics left much to be desired.

Anonymous said...

Right on, Hantu!

These Fuckatan Riot's will worship the earth that you walked on, whenever your articles are critical of BN or Government.

The moment that you said something that can be construed as critical or against Fuckatan Riot or any of its leaders; then comes snide remarks or that you are a paid agents of BN or that of Government or the like.

Pakatan Rakyat, they are not. More like Fuckatan Low Yat.


MRSM Kalae Chepo 66/73

fearless said...

These lousy loser when the odd are down, they alway bring up that they have the people support, where are the people support , I don't see it in Perak today. People all over the country are more concern about stability of the government and the forthcoming recession and how we are going to deal with it, many people have lose their job and how the government can help. No more election until 2013, election is over just a year ago, effort must be on running an proper government. That what people want and the police actions are inline with the people's thought.

kittykat46 said...

Who has the lawful authority to declare a sitting of the Perak State Assembly an illegal assembly ?

Not the Police. This is a Constitutional matter, not a police criminal matter.
The High Court, perhaps. As of right now, 1.30 pm, March 3, BN has NOT obtained a court injunction to stop the Perak State Assembly from sitting.

So there is no lawful authority as of right now which says the Perak State Assembly cannot sit. The attempt to use PDRM, locking the State Secretariat etc. are all illegal measures to prevent the Assembly from physically sitting.

Hantu Laut said...

fearless,

You are absolutely right,that's what we want, political stability and concentrate on rebuilding the economy, not carry on this stupid circus.

Pakatan should rule the states under them and let the BN rule whatever they have at the moment.If Pakatan wants the Federal government they can try at the next election.

I think most people are fed up with the political squabbles and harangue.I am.

Hantu Laut said...

kittykat46

I am not talking of the Perak Assembly as in capital A, I am talking of illegal assembly by people on the streets(demo) which is against the law.

I agree with you the police have no right to stop the Perak Assembly if it is legally convened.

fearless said...

Hi Anonymous 12:11PM,

"Isn't this constitute an act of making a mockery of the state assembly?"

You said it better than me, thats what those PR people is selling. They promise "CHANGE" and they deliver, it a remarkable change to make the state assembly a mockery.

Anonymous said...

You want political stability, well, let the people decide....what is so hard about understanding and supporting this simple logical solution which is so easy to see like a huge big humongous mountain in front of you???
People want BN? Let them re-vote BN...
People want PR? let them re-vote PR...

Tulis article sampai tercabut tangan pun nak tegak benang basah, tak ade guna. Mengaku pandai, bijak, semua pun boleh putar, pun tak ada guna. Jawapan kepada persoalan dah terang terang sangat dah....

Ever Onwards said...

If I belong to any party, it's probably UMNO (or somewhere near it), although I won't tell you if I'm still in it (perhaps spiritually, I'm no longer there). I am certainly not a member of the Pakatan, nor any of its component parties, nor have I any intention to join them.

As for the Hantu Laut's questions, well what can any reasonable person say? They are non-salient questions to begin with.

With respect to the first question, does a legally called meeting by the speaker constitute an illegal assembly?? Of course not!!!

The second question also needs to be countered with a counter-question: is there really a majority support? I thought it was a hung state assembly (the three kataks tak pakai lah: they were supposed to have been removed already). Also, the legitimate MB cannot be directly and immediately removed by the Sultan, but by a vote of no confidence in his Menteri Besarship in the assembly or by his own resignation. If the BN has genuine majority support, it can of course resort to a vote of no confidence against the legitimate MB, who would of course be delegitimised and have to step down. It is clear that the correct procedures have not been followed here. To resolve this difficulty, the ideal solution would be to find a way to dissolve the assembly and call for fresh elections: the BN, I'm sure, if it is good enough, would win the majority of seats.

There you are. You can argue until the cows come home with the Hantu, but he still will not be able to see the logical problems involved with his arguments. He follows the straight-and-narrow path of argumentation, which does not allow breathing space for other possibilities or other logical routes except his own narrow views. So it is best to leave them as they are.

I think a previous anonymous poster puts it beautifully here, with regard to pointlessly arguing with the Hantu: "Tulis article sampai tercabut tangan pun nak tegak benang basah, tak ade guna. Mengaku pandai, bijak, semua pun boleh putar, pun tak ada guna. Jawapan kepada persoalan dah terang terang sangat dah...."

BTW, thanks for making me laugh, yet again. :)

fearless said...

Some retarded people just cannot get into their head. Election come every five years and not every month or any time they desire or the majority government right to request for dissolution of states assembly to HRH. The loser should go and lick their wounds. They give further trouble the police should lock them up.

Anonymous said...

Stop this theoretical questions lah! Everyone knows in Malaysia, most Judges are not impartial. If you get one, you will be very glad for he/she may be the very few surviving ones.

I can bet, if Nizar cannot convince the Sultan to dissolve the state, all will be lost as BN will just wipe out the whole state assembly for themselves. They just made one simple mistake that they have miscalculated the power of the Speaker.

If you think this is about law? Don't be naive, politics, exchange of favors and powers are the name of the game. Don't talk about rule of law etc.

The only thing we see so far is that PR governments may not be that skilled and blatant to 'sapu' wealth for their own like BN. That itself is a very good plus point for the rakyat. Just look at how even the police force was abused for their own use? Don't tell me you believe police was use for national security! National security issue is when BN lose power? That again is another abuse of power by BN to justify their act.

At this impasse, the only logical answer is to get a fresh mandate from the people. If you are not Perakian, stay out of this! People who claim they know a lot about something sometimes reflects on 'quarter' full bottle syndrome. So much room to allow sound waves to reverberate to higher dB.

fearless said...

Anonymous 2: 50 PM,

You show us nothing but your arrogance and pompous manner. Want to tell us that your PR people born with skill only jumping from trees to trees only. Yep, then go to where you belongs. Why must Malaysian stay out of Perak matters. Isn't Perak part of Malaysia and Perak problem are Malaysian problems. Conveniently you want us to stay out, but your PR supporters and leaders from other states are the one crowning Perak with demonstration and insulting the Sultan of Perak. You are a disgrace to Perakian to condom those acts.

fearless said...

Correction; You are a disgrace to Perakian to condone those acts".

Anonymous said...

Fearless: You are a disgrace to Perakians for condoning the illegal acts of the Barisan and condemning the PR's selfless acts by sealing them in a condom!

fearless said...

Anonymous 4:26 PM,

If you cannot jump from trees to trees never mind, you really show your skill to go so low to be a copycat. Is that all you have?

Hantu Laut said...

Ever Onwards
Please read what illegal assembly I am talking about.You still didn't answer my question, instead you twist and turn and talked about something else.

It was not the Sultan that removed the dim-witted MB, it was the 31 assemblymen who were personally present in front of the Sultan to say they have no confidence in MB Nizar.Please get your facts right.

Although, I am not a great fan of the present government, it will be a sad day when Pakatan takes over this country and with so many blind followers it just make the situation extremely dangerous.

Anonymous said...

Hantu,

Nobody wants PR to take back 'as is' since the political impasse occured in Perak.
Just let the people decide...
Let the people choose, then they will deserve the government they choose, good or bad..

Below is a quotation 'YOU' used previously.
Do you even believe what you write yourself?
Surely is it not just to be fancy, is it??

"A government of the people, by the people, for the people, shall not perish from the earth. (Abraham Lincoln)"

Or let me put in context for you...
The people here are the Perakians and they shall not be denied. They shall decide. They shall vote if they want BN or they want PR. You, me or who ever will not deny them..They will have their way....

fearless said...

HL,

Let me tell you why Pakatan can never be an able government for the country, if they rules the country will be in chaos. The three parties, PAS, DAP and PKR have a very wide difference of ideology, their clash of philosophy is beyond any remediation. Each of them have their own aims and goals, their combinations are only on face value whereby each of them are utilizing each other strength, meaning using each other to gain votes. What BN people said is marriage on convenient. Pakatan is not able to come out with any common and agreeable set of policies, they will alway side sept those issues. However they have only one common and agreeable objective that is is to defeat BN.

So what kind of government do you expect when the people give them the mandate to govern?. Common objective already accomplice, they will only start negotiating how their ideology fit in to the system to govern. They find it difficult to negotiate now, do you think it will be easier when they rule?. The writing is on the wall, they fight among each other and that will be a huge expense of the people.

Even though I disagree with BN and UMNO doing, but I believe they are still a better bet. March 08 general election is only to teach BN a lesson and not that PR is better.

Anonymous said...

sorry, out of topic. could you turn of the autoplay video at the main page? it seems annoying. Would be better if your provide some kind of play switch so option can be offered to readers whether they want to view it or not.

Thanks

Anonymous said...

You may be fearless, but you not seem very smart. Election can be carried out when the need arise and to settle disputes such as that of Perak. Just look at Thailand post Taksin. Did we see Thailand wait 5 years?

When the 2 parties are not sure of the wishes of the rakyat, the only proper way is to get back to the rakyat to 'ask' them for the wishes. Is that so difficult to comprehend? Maybe too used to the autocratic ways under BN where enforcement and authorities are also in their pockets.

Or maybe this is too difficult for some of you to understand.

Ever Onwards said...

As I have said before, there is no point arguing with the Hantu, but I find it difficult to resist...

The Hantu has to "correct" not only me with regard to the question of illegal assembly, but scrolling upwards, I realise that he has to do it with Kittykat too! It's fine for the Hantu to say one thing at one point, and then say... "hey, that's not what I mean..." in the next breath. I have to say here that we interpret what he says according to what he has written, no more, no less.

The Hantu says that "It was not the Sultan that removed the dim-witted MB, it was the 31 assemblymen who were personally present in front of the Sultan to say they have no confidence in MB Nizar." Wow! It is clear that the Hantu's understanding of parliamentary procedure is paltry. You do not simply remove an MB during a chat with the Sultan. Even if all members of the state assembly, except the MB himself, are present and convey their displeasure of the MB to the Sultan, the MB still cannot be removed. A proper assembly meeting must be convened and a motion of no confidence be voted, before one can even consider the removal of the MB. It is only after this process has been completed, and most members have voted for the no confidence motion, can the Sultan remove the MB if the MB refuses to step down. It is clear that the proper steps have not been followed, and so, the Pakatan MB still remains as the MB of Perak.

Anonymous said...

RECEIVED THROUGH OUR EMAIL: EX-BERNAMA JOURNALIST

The writer is Syed Imran, an Arab-Malaysian born in Penang, Malaysia, an ex-Bernama journalist (1971-1998) and former press secretary to the Minister in PM’s Department. We received this through our email. It is a must read.


http://sjsandteam.wordpress.com/2009/03/03/received-through-our-email-ex-bernama-journalist/

Sans said...
This comment has been removed by the author.
Sans said...

Hmmm, so ADUN's who are prevented by the police (which they can't do) from entering into the state assembly and therefore by police design are outside the state assembly are an illegal assembly?

Why not just let them enter for a legal assembly?:)

Anonymous said...

Wah, next time if police block entrance to my house and my family and I cannot get in, then we are also having an illegal assembly outside our house.

This is call entrapment.

Hope this never happens to you

Sans said...

Ever Onwards, ever consider starting your own blog?

fearless said...

Anonymous 10:49 PM,

You are brain dead, elections are not carry out at your whip and fancy or to settle any score. Use the court to settle any score and don't drag the people in and split them. You are blind as well to follow the path of Thailand who can't see terrible mess coming out from there.

Ever Onwards said...

In response to Sans, I don't think I'll start my own blog. I kind of like the Hantu's blog. Although I sometimes disagree with him, I respect his views. It is clear too, that although he disagrees with some of my views, he respects them, as shown by his occasional responses and the fact that he has never deleted any of my postings. I think the Hantu should be praised for his fairmindedness in his attitude towards criticism. With a blogger like the Hantu, who needs another blog?

Hantu Laut said...

Ever Onwards,

Many thanks.That's very comforting.

Sans said...

"Use the court to settle any score and don't drag the people in and split them"

Use the court? Fearless the court is the last resort! Not the first! I don't think a court decision will suddenly unite people. Only a majority decision through a vote will decide that. People can live with the fact that more people voted for those they did not support but a court decision? How are people suppose to accept that?

Democracy is about choice and people need to know where they stand and where others stand.

What kind of democracy is decided in courts?

And a court system that over time people feel has come to side one party over another, rightly or wrongly will never be accepted.

So really an election will decide this quagmire once and for all.

I would not want to live in your democracy where the courts have to decide the winners.