Hantu Laut
Some people just don't get it.
The Pakatan government of Perak or should I say the DAP government seems to have plenty of recalcitrants.As stubborn as a mule.
From the menteri besar, appointed to be one because the Perak State Constitution says The MB must be Malay and a Muslim. Otherwise, the MB would be from DAP, because as a single entity they have the biggest number of seats . Naturally, they would want the MB post. If that was the scenario than we would have two states under DAP control.
Perak is actually under their control and MB Nizar or ex-MB rather, is under their patronage, a stoker of some kind if not a stooge.He has successfully stoked the fire of discontent.
Ousted Speaker Sivakumar insisted that he still holds office, he has God-given immunity against being sacked.He can make decision to do anything in the assembly and no court can question him and make judgement against his decision.He is the all mighty in the Perak State Assembly.
Article 72.1 of the Federal Constitution says "The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court". Was his bias, partial and arbitrary action comes under the purview of this article?
Once believed there existed a body of ideal rules against which man-made laws including parliamentary enactments and decisions could be tested. These were described as natural law, natural justice or equity – thought to be of divine origin.
The rights of a person to be tried by an impartial judge and to be heard in his defence –were thought to be fundamental elements of this divine, unchangeable order. Coke CJ in DR.Bonham’s case (1610) said: Even an Act of Parliament could be declared invalid by the courts if it offended “common right and reason” by making a man judge in his own cause. A century later in DR. Bentley’s case (1723) –court pointed out that even God himself did not pass sentence upon Adam before he was called to make his defence. Later –when things became more secular the notion of procedural fairness was already deeply rooted –its procedural requirements –remained something which the superior courts assumed should be complied with by interior bodies entrusted with judicial and now quasi-judicial bodies.
We all know a mule's mother is a horse and the father a donkey.
14 comments:
HL
To be fair, our dear Pandikar as a speaker in Parliament is neither fair nor impartial also lah.
The Perak ex speakers is doing what he deems right in protecting the sanctity of the Dewan and the rule of democracy due to the power grab that is perceived to be unjust and unconstitutional. The judiciary, police and the monarch are all perceived to be in cohort with the BN to grab power. How do you right that perception? Go back to the people for their vote.
Well Hantu,
You may be right that the former "DAP government" in Perak have plenty of recalcitrants. But you failed to mention that Umno has more recalcitrants in the whole country.
But to me, Siva's behaviour is understandable. Had it not for his stubborn refusal, Mohd Nizar's government would have collapsed long ago. That's politcs.
Siva's right and immunity is enshrined in the Perak state constitution and the Federal Constitution. Of coursr, he is not God. He still can be taken to court if his decisions are so perversed that normal mind can't accept.
but, hey, what do you think of the antics of the BN ADUNs? Didn't they display barbaric behaviour?
Hantu, you're a pot calling a kettle black.
YI,
So how could Pakatan be a better government if they behave the same way as the BN.I have never said or condone what Pandikar did was right.
They should respect the Sultan's decision and wait until the next GE if they wish to change the government.
abRO.
Don't confuse the two issues, I am talking about the Sultan's rights under the Constitution not about UMNO.
HL,
Come on bro, you are smarter than this...if anyone's acting like a Mule, I'm sorry to say it's you! You very well know that what the BN & HRH the Sultan of Perak (who will forever be branded a traitor to his own people!) did was unconstitutional (even if you still think that Zomby is the rightful MB, definately yesterday's proceedings were unconstitutional!).
It's ok, after yesterday's fiasco, you can bet there are more Malaysians who will vote for PR (as I said many a time, not because they love PR but because they hate BN!). DSAI must be laughing (& rightly so!).
Give them more rope to hang themselves!
HL,
There is a time when one has to stand up for right against the might (money, power, etc etc) of unjust government. We simply do not roll over and play dead. The BN/UMNO has taken for granted that we all roll over when they stampede over us.
Now that PR has been seen to respect the Sultan/Raja Muda in aceding to his request for respect in the Dewan, how can anyone say PR is disrespectful? UMNO/BN cannot be shown any respect at all.
Having said that, this day of infamy will etched deep into the people's memory. It is not PR they love, it is the BN they hate.
Dear Hantu:
With due respect, you are no longer capable of dispensing sensible arguments, but engage in emotion-laden statements that do not reflect well on your level of thought. Why do you not follow your own maxim: "SAY WHAT YOU LIKE BUT KEEP IT CIVIL"?
I hate to be creative when it comes to name-calling. In this regard, I have to express my agreement with the first sentence of SM's comment above, who, being quite civil, merely used the same word that you used. :D
Thanks for your time.
By being a hantu sorry hantu laut I think you lack, apa nama ...some knowledge in law though you can talk about law. Law is plain simple, that's why it is called common law as common people do understand better than lawyers and judges in chambers. Why beat around the bush, don't you know the rule of law and how proceedings a run be it in an assembly or a court of law. There is protocol and decorum to follow.
First, when the Speaker of the dewan enters all members should raise in respect and once the speaker starts his duty members of the dewan must listen carefully and abide by the orders given by the speaker failing which will be an offence and contempt. Those who refused to leave the dewan when the speaker orders them to do so in comtempt. Further to move a motion by a suspended member even after being rejected is invalid. Trying take over the duty of the legitimate speaker by force is crime in nature and therefore warrants criminal action taken against those who plot and orchestrated this power grab in Perak Assembly Hall.
Hantu,
I have to agree with you about these PR folks. It's your blog and your right to blog about your opinions.
And I must say it takes a lot of courage for you to post comments that criticise you.
For once, try go to any of the PR leaders blog and post a comment that is slightly critical about them - your comments will never be posted !
I am not condoning BN's action but I am reiterating what i have said before.
The people to be blame are the frogs and sadly these are from PRs creme de la creme who has bitten the bait dangled.
Who to blame ? Lim Kit Siang shares a mighty part of that for fielding Hee.
Define power grabbing. If it was BN people coming over to PR then what do you call that.
I have said this before, lets get on with business, respect the Sultan's decision and vote the next round.
Didn't you guys notice, Anak Perak seperti saya tidak berarak di jalan. Mengapa ? Sebab anak jati Perak cinta akan Sultan Azlan Shah dan kewibawaaan baginda.
We will never take to the streets or even go to the idiotic extreme of saying monarch has to go with Sultan Azlan.
HL,
God design human with food getting in from the mouth and shit coming out through the anus, but recently, it has become very chronic for you; you are spewing shits through your mouth !
You think you are the only one who knows the constitution of the land and the common law, yet to most, you are just a pretender.
Yes, you phrase your opinion according to what you think or rather what you want to spin base on your political propensities, and that is your right, but please, have a soul and conscience when you write. To you, what UMNO or BN goons do are all white and what the PR people does are all black, Ever wonder why GOD creates the colour grey ?
By the way, stop hijacking the phrase Daulat Tuanku to suits your argument. If you have the financial capacities and time, drive to PERAK, talk to the pakcik and makcik, the uncles and aunties, the brothers and sisters, and feel their anguish of being raped and violated by the same people you so strongly supported !
By the way, I am a Perakian, and even my eighty year old dad and mum who reads only MSM and watches TV1-3 can feel the pain of unfairness in the state assembly, I expect a little more compassion from highly educated people like you.
Anonymous,
You are entitled to your goddam opinion.
What is wrong with you people, can't you guys stick to the subject instead of jaywalking all over the place and incapable of making anything logical.
I have stated my reasons why I think the Sultan is right and quoted precedence of the law of natural justice.If you don't have the brain to argue sensibly, buzz off.Go read Malaysia Today.
Do you consider yourself smart by saying:
God design human with food getting in from the mouth and shit coming out through the anus, but recently, it has become very chronic for you; you are spewing shits through your mouth !
ICE-Limited Edition,
You are a child who could hardly walk but try to run.
HL, childish reply from someone who talks law and natural law. forgetting law must be seen to be done....
Only people with mud in the haed will say "If you don't have the brain to argue sensibly, buzz off. Go read Malaysia Today."
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