These are the notes taken of the Court of Appeal’s Decision in the MB v MB matter delivered orally on 22.5.2009 by Raus Sharif JCA on behalf of the His Lordship, Zainun Ali JCA and Ahmad Maarop JCA. Any mistakes herein are mine.
Posted inThe Lobby
Where are the Malaysian Public Intellectuals?
Who is a “public intellectual”? Hitchens explains. In 2008, the top 100 public intellectuals in the world were listed. Why was no Malaysian included whereas they were?:
Posted inPray For Me
Life and Death 2
Life and Death are interests of mine. 1. People alive have a strong interest to want to be alive. Well, why else would human beings come up with laws? To promote order and equilibrium. If we didn’t have laws, there’ll be chaos and disorder and a lotta dead people. People want to live.
Posted inGreen-World
The Last Laugh
Once upon a time the sun burped, regurgitated and spat out a blob of molten mud which went hurtling into space and tried to get back again. Unfortunately it couldn’t, so it kept on circling, began solidifying and cooled down. Accepting the fact that it’s destiny was sealed, and that it was stuck in what […]
Posted inPray For Me
Life and Death 1
Life and Death are interests of mine. 1. I do not think we can assert any kind of right to be born or not. You are here today living and breathing not because you chose to be here but simply because you happen to have out-swam a couple of thousand other sperms i.e. you were […]
Posted inExpress Yourself
Political Randomness: The Colour Black
I am confused. My mother is confused. Everybody is confused. Some months back, an older relative asked, “What is going on with Perak?” The clan looked at me. Exasperated, I shook my head and said I did not know. “I do not even want to think about it!” Honestly, all I wanted to do was […]
Posted inPray For Me
Malaysia is a Secular Country
A legal consideration of Article 3(1) of the Federal Constitution of Malaysia.
Posted inBolehland
The Ubiquitous Siren
The Australians are a wonderful people. They have, for a number of decades now, encouraged a plethora of immigrants from every corner of the globe to set up home in their vast nation and to contribute towards the establishment of an authentic multi racial and multi cultural society. The first Australians were an indigenous group […]
Posted inTalking about Lawyers
Arresting the Illegal Arrests
In my article “Is the Malaysian Bar Pathetic?”, I asked the question, “who polices our police?” This question is brought to the fore recently when the police arrested five legal aid lawyers who were trying to see their respective clients at the Brickfield Police Station. The Scene On the night of 7th May 2009, about […]
Posted inTalking about Lawyers
In Defence of the Bar Council Resolution Demanding Resignations
At the Bar Council Extraordinary General Meeting held on 15 May 2009, the Bar resolved to demand for the resignations of the Minister for Home Affairs, the Inspector-General of Police, Officer in Charge of Police District (OCPD) ACP Wan Abdul Bari bin Wan Abdul Khalid and DSP Jude Pereira of the Brickfields police. I spoke in favour of the resolution calling for the resignation at the EGM and now I am writing in defence of it. The irony is that the attack against the said resolution has not just come from outside the Bar but from within as well.
Posted inJudging the Judges
Absolute or constitutional monarchy?
Court Observer says: Having just digested the 78-page judgment of High Court judge Datuk Abdul Aziz Abdul Rahim on who is the rightful MB of Perak, I conclude it is a well-reasoned decision. The judge holds the view that only a vote of no confidence on the floor of the house (state legislative assembly or […]
Posted inBolehland
What we pay our Royalty
A consideration of the income of a Yang di-Pertuan Agong as contained in the Civil List Act 1982 for the consideration of the rakyat charmingly written by an Encik Fahri Azzat.
Posted inSelected Judgments
Full Grounds of Judgment by Aziz Rahim J. in MB v MB suit
… it is my view that the genius in our Constitution is that we have chosen a system of Government anchored on the principles and practices of Constitutional Monarchy and parliamentary democracy whereby the Yang di Pertuan Agong and the Rulers constitutional roles are set out in the Constitution and the people is given the […]
Posted inJudging the Judges
Pertinent Questions about Court Administrative Decisions
Chen Mian Kuang perceptively and properly questions the manner in which court administrative decisions, such as deciding the panel of judges and when a matter is heard urgently, are made especially since they are not subject to any appeal or review by any other forum.
Posted inBolehland
Feeble attempt, Honourable PM
Court Observer says: Prime Minister Datuk Seri Najib Razak made a feeble attempt to rationalise his argument on the Perak power grab at a press conference in Manado North Sulawesi in Indonesia after attending the Summit Meeting of the Coral Triangle Initiative (CTI). I quote part of a Bernama report (taken from the Malaysian Insider): […]
Posted inBolehland
Nyah kamu, 13 Mei 1969!
Saya dilahirkan ke dalam sebuah Malaysia yang aman. Malaysia yang membangun dengan pesat, mengejar modenasasi dan begitu mengidamkan status negara kelas pertama. Saya membesar di dalam sebuah Malaysia yang majmuk dengan pelbagai bangsa dan agama, sebuah Malaysia yang pada dasarnya bertoleransi terhadap kepelbagaian yang ada di kalangan rakyatnya. Saya lahir selepas tragedi 13 Mei 1969 […]
Posted inJudging the Judges
Tell us why, please?
We hope that Judges should endeavour to write their grounds of decision and take delight in this aspect of judicial work as a matter of personal pride and satisfaction and not as a burden. Failure on the part of Judges to write their grounds of decision will certainly undermine their authority to insist upon Magistrates […]
Posted inTalking about Lawyers
7 Mei 2009: Satu Pencabulan Satu Penghinaan
Satu hari panjang… Saya telah mengambil emergency leave pada hari tersebut gara-gara migraine yang sangat teruk tiba-tiba menyerang dari petang Rabu membawa sehingga ke pagi Khamis… ambil ubat..lelap untuk beberapa jam sebelum tersedar dengan pesanan ringkas yang masuk dari Latheefa Koya yang minta saya, Fadiah Nadwa, Puspa dan Radzlan untuk “be on stand by” kalau-kalau […]
Posted inBolehland
Get well soon Your Highness!
LoyarBurok wishes the Sultan of Selangor a speedy recovery.
Posted inThe Lobby
Walk for Justice Re-visited
KLue’s monthly Popcorn & Soda is back! Some of you may have seen, and bought, the Bar Council’s DVD on the historic Walk For Justice which took place on 26 September 2007. It was a memorable occasion where about 2,000 lawyers decided to walk the talk and expressed their outrage over the VK Lingam video […]