July 7, 2012
CJ: Judiciary should be respected, not humiliated
Tun CJ, it is the other way round. Please restore the Judiciary’s Integrity and Independence, and you will earn our respect. You are given this opportunity to remove the stigma of a compromised judiciary after the removal of Lord President Tun Salleh Abas in 1988 by an all powerful Prime Minister. So, seize the moment and make a difference. –Din Merican
Everyone can give their opinion on the country’s Judiciary or any judicial decision but not to the extent of insulting the institution.
Chief Justice Tun Arifin Zakaria (picture) said in other countries such as England, for example, the people were free to give their opinion because, indirectly, this could bring an improvement to the judicial system.
“It is good to give such opinions and this can assist us to develop our law. You can also write but not to the extent of committing contempt of court, for example.
“We are open and such criticism is normal, and we often hear that there are court decisions that are illogical and so on. Show proof if the judges’ decisions are unfair, biased or if there are elements of bribery involved. Prove it… don’t just talk,” he told reporters after opening the 46th Conference of the Malaysian Judges Council here today.
Also present were Court of Appeal President Tan Sri Raus Sharif, Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin and Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum.
Arifin said as judges they could not defend themselves against such allegations and this was not fair to the judges.He said the instruction that judges should not forge close relations with politicians and businessmen was to avoid negative perception of the Judiciary.
“Some of the politicians and businessmen are involved in court cases. This instruction aims to prevent such things (biasness),” he said.
Commenting on the statement by former Chief Justice Tun Zaki Azmi that the Prime Minister and members of the Cabinet had never given any instruction to the judiciary, Arifin said the statement was true.
On the conference attended by 120 judges throughout the country, the Chief Justice said the objective was to enable the judges to exchange views aimed at improving the Judiciary further.
Pls listen to Dato Din Merican. It is not merely about the decisions Judges make. It is the crux of the Independence of your Judiciary from the clutches of the Executive. We all implore you Tun CJ to not be beholden to the Executive. For if M’sia has a strong and independent Judiciary , her economy will be strong. M’sia will be a strong nation.
It is rather naive for anyone to appeal to these judges not to be beholden to their political masters when their tenure as judges depends on it. In the U.S. Article III judges (Supreme Court, Court of Appeal and District Court justices) as we call them have life time tenure unless impeached.
For those not familiar with the term ‘life time tenure’ it means you serve until you drop dead. The choice is yours.
“Tun CJ, it is the other way round. Please restore the Judiciary’s Integrity and Independence, and you will earn our respect.” — Dato Din Merican
What good is ‘respect’ when you can no longer put four square meals on the table for your family??
This Tun thinks we Malaysians are stupid. Everyone should read “Mayday for Justice” by K.Dass and you will realize the depth our Judiciary has descended to.
Perhaps Tun is also not aware how Augustine Paul conducted himself during Anwar’s Sodomy 1 trial. Perhaps is also not aware how all the courts made moronic judgement to favour the BN takeover of Perak.
Perhaps the Tun is also not aware that our judiciary moves at snails pace when any BN interests in involved. The Kedah state assemblyman’s disqualification is one example.
Tun, you can praise yourself for all that I care, I call it self-flagellation. It’s what Malaysian’s think your judiciary is worth. To me the judiciary is a component party of BN.
Tun Ariffin expected to rebuild the judiciary???
If he tries, THEY will take back his Tunship. How could he? He simply CANNOT even if wants to. History has taught this CJ well…. Don’t rock the boat unless he wants to face the same fate as the other TUN in 1988. it is like asking CJ Ariffin to unscramble an egg.
Cows will jump over the moon if CJ Ariffin Zakaria ever even plans of reforming the Judiciary… no, even if he THINKS about it.
If Malaysians are hoping for a reformed judiciary and not seen as an arm of the Executive, go have more wet dreams. It’s a hopeless case as long as Parliament has little say in the appointment of the CJ and the judges into the Federal Court.
“Justice must be seen to be done”
Have you forgotten that simple and basic principle of justice Mr. Tun CJ?
“Commenting on the statement by former Chief Justice Tun Zaki Azmi that the Prime Minister and members of the Cabinet had never given any instruction to the judiciary, Arifin said the statement was true.”
They don’t have to. They let their surrogates do their job. In the case of Abang Aki they didn’t have to. He knew what was expected of him.
What is a wet dream? Is it like dreaming in the rain?
“Pls listen to Dato Din Merican. It is not merely about the decisions Judges make. It is the crux of the Independence of your Judiciary from the clutches of the Executive.” — Kathy
Is it always raining in Perth?
Mongkut Bean,
Life time tenure doesn’t necessary mean till death. The judges can retire if they wish.
In Malaysia the judges are just plain civil servants and have to retire upon reaching retirement age. Many a good judge have been wasted through retirement when they can still contribute especially to the integrity of the courts. Guess they have to make way for the yes men.
What is a wet dream? Is it like dreaming in the rain?- Mr Bean
No, it means raining in a dream.
Perhaps advancing old age has deprived you of the memory of it.
“Justice must be seen to be done”Have you forgotten that simple and basic principle of justice Mr. Tun CJ?- Pok Li
Mr. Tun CJ has not forgotten at all. He and all those chaps sitting on the Bench care about justice is what the eyes of the UMNO-BN chaps see… justice is seen to be done IN THE EYES of UMNO-BN.
Wrong quote to use. Try another one.
To me the judiciary is a component party of BN.- Sam01
Wrong! The judiciary is a SERVANT of UMNO-BN.
Wrong use of the word.
Many a good judge have been wasted through retirement when they can still contribute especially to the integrity of the courts – orang malaya
The trouble is there are NOT many GOOD judges left. More than 90% of the judges in the High Court, Court of Appeal and Federal Court should have been asked to go on FORCED retirement. Useless inasfar as serving the interests of the rakyat, the country, and maintaining the good name of the legal and judicial profession.
I can only name ONE good judge left in the Federal Court who was recently promoted but he is due to retire by the early of next year.
This Tun thinks we Malaysians are stupid. – Sam01
NOT true. The Tun thinks we Malaysians are a bunch of brainless idiots.
On this, he has the concurrence of the Prime Minister.
We all implore you Tun CJ to not be beholden to the Executive. -Kathy
Utterly impossible. Aliens would have invaded planet earth, if it happens. It is like imploring a family dog to betray its master.
These judges will never retire early. If you meet them , talk to them and see how they behave in their surroundings in their office, you will get the palpable sense that they are more comfortable with the TRAPPINGS of their position and power rather than the responsibilities of their position and power.
That is why you get flip-flop judgements, ridiculous landmark verdicts that don’t make sense even to a non-legal mind, and even that, it takes months and years for straight-forward udgements to be written and read out.
As one lawyer who chose to remain anonmymous who commented in cyberspace : ” Many of our senior judges lack depth in their thinking when you analyse their judgements.”
When you have to make judgements because of “fear and favour”, it will always take a long long time to come to a decision.
Mongkut Bean,
Life time tenure doesn’t necessary mean till death. The judges can retire if they wish” — orang malaya
But I did say it is their choice. You and I would not make it in an exam based on the multiple choice format because we don’t read carefully …. lol.
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For those not familiar with the term ‘life time tenure’ it means you serve until you drop dead. The choice is yours.
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To: old man Frank
So having a wet dream means raining in a dream? Was that why Hyacinth Goddard slept wearing a raincoat?
” Many of our senior judges lack depth in their thinking when you analyse their judgements.”
Who says you must have depth of knowledge in order to have deep pockets??
“No, it means raining in a dream.” — old frank
So when Judge Judy says “Don’t pee on my leg and tell me it is raining” are you saying Judge Judy was having a wet dream?? Judge Judy Sheindlin is almost 70 years old. She’s been around the block more than a few times.
If you frank adn Mr bean, are right. Then there is nothing left to fight for. You M’sians are lving in times of tyranny
Mongkut Bean
In my time there were no multiple choice questions. All answers are essay type. No hidden meaning too, all straight to the point. Don’t have to read between the lines. Yes I would flunk these exams.
The last Bastion of Respect, Credibility & Dignity of this noble Institution, was Tun Salleh Abbas…and prior to him Tun Suffian, TS Harun Hashim, Eusoffe Abdul Kadir…etc.
Is there a modicum of Dignity left, even if Esteem & Respect has completely eroded in public mind ? All these are vital to maintain Trust of the total system….which by now has waned…..
Orang Malaya,
In your time and in my time, we never had to deal with multiple choice questions. When we come to a question we don’t quite know how to deal, we use the kitchen sink strategy. Throw everything we got in the hope that some will stick. Americans went to school and college doing multiple choice questions. They grew up skilled in handling multiple choices. In some of the questions I have had to deal with all four answers are wrong answers and you have to choose one that is least wrong! I have to complete 200 questions with only 1.5 minutes to spare for each question.
Those who sat for GMAT and GRE and LSAT know what I am talking about.
When you see how long one question is, you may have to pee on Judge Judy’s leg and tell her it is raining !
If you frank adn Mr bean, are right. Then there is nothing left to fight for. You M’sians are lving in times of tyranny
Kathy – July 10, 2012 at 7:31 am
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Me? Tyranny? No, I’m done with tyranny.
“Islam “from the first denounced aristocratic privilege, rejected hierarchy, and adopted a formula of the career open to the talents”.[204] Muhammad’s message transformed the society and moral order of life in the Arabian Peninsula through reorientation of society as regards to identity, world view, and the hierarchy of values.[206] Economic reforms addressed the plight of the poor, which was becoming an issue in pre-Islamic Mecca.
[207] The Quran requires payment of an alms tax (zakat) for the benefit of the poor, and as Muhammad’s position grew in power he demanded that those tribes who wanted to ally with him implement the zakat in particular.[208][209]”
You see Islam is not alien to the concepts and application of the Rule of Law and Jusitce. Prophet Muhammad propounded laws , human rights to all those who are vulnerable to oppression and injustices. The Judges who are part of the Judiciary should start realising that it is unIslamic to be beholden to another that distorts the Rule of law and wields injustices in the name of power. The Koran is not only a book of moral conduct but a scientifc book and a legal doctrine. From there the law of evidence is found in that witness statements are required for allegations made. Jusitce is pronounced time and again when meting out punishmetns and when man is deciding and arbitrating on another perosns welfare and life then Jusitce must be done. I cannot accpet your points of view frank and Mr bean and I will never stop reminding the people at the helm of our Justice system that they are unIslamic if they ignore the basis of the commands of the Koran which is Justice and to not be beholden to those who want to skew the system for their own benefit. I will not stop adn accept this situation. Propeht laid down clear laws for every category whther it is womens rights, childrens rights, marriage, divorce, civil society, the porper laws of condcut of war in the treatment fo prisoners. All were laws aldi down and never was it beholden to one who had skewed ideas of power. That si why during the Prophets time islam was peaceful , economically powerful, knowledge grew and peace and justice reigned. Because the Rule of Law applied to everyone especially those ‘priveleged’ ones.
You see Islam is not alien to the concepts and application of the Rule of Law and Jusitce.- Kathy
How come in Afghanistan, they just beheaded a young girl in public for adultery? The reason: Syariah law. Of course, that is Justice and the Rule of law.
Australian Foreign Minister Carr had just condemned it as an “act of barbarism”. And Aussies are asking now why are they still giving aid millions of hard-earned aussie dollars and sending young Aussie boys and girls to die in Afghanistan , when that young Afghan girl was cruelly beheaded in public by the men for all things, allegations of adultery. Why women were put up for sacrifice in the name of religion????
c’mon frank it is because of the misinterpretation and culture is intertwined with their mis interpretaion. None of it is Islamic. I cannot control what happens in Afghanistan,it is a basket case, it is no more Islamic than you are frank but I can still try to get throught to he malays that are at the helm of the Judiciary and appeal to their religous common sense before we become a basket case too?
it is not because of syariah it is because of their VERSION , frail egoistic human MISinterpretations.
With forgiveness, i am not trying to play ‘ God ‘…..but let me try to be the Arbiter between Frank & Kathy in their debate, though in appearance divergent, in reality not – b’coz the conclusion between both is the same or similar….
Ok, i am making ‘judgement’ here between the two groups, on the Left the Talibans who beheaded the young girl, who torture their wives by lopping off their ears & tongues, and gorge out one eye for sopposedly laying a glance on a man < And on the Right, like Ghandi, Mother Theressa, Albert Einstein, Thomas Edison, Sir Isaac Newton, and many more…..
My decision : the ones on the Left who claim themselves to be Muslims, they are NOT " In Islam " – and Grevious indeed shall be their Recompance on the day of Judgement ( and when is this so-called Day of Judgement? Answer : on the day of our Exit from this world…no fear ). What of those on the Right ? Well….they are right……and the holy revelation accepts them to be in the " fold of Islam", although they have been brought up under different traditions, other than Islam. The difference ? Well, labels & symbols, rites & rituals are merely forms, there is no Merit without Substance….empty…zero…kosong…. ( zilch…to borrow from Frank)
Therein lies the frailty of Religion – it is open to human misinterpretation.
Therein lies the frailty of Religion – it is open to human misinterpretation.-Ai tze
All forms of Institutionalised religion should be banned from civilised societies.
Religion makes civilised people into brutes and animals with jungle mentality.
Homon sapies are the only species which kill their fellow species not for species survival but to sustain and satisfy an animal urge to dominate their fellowmen and use an imaginary concept as a reason for their murdering instincts..
correction
Homo sapiens…
contrary aitze, it is the strength. To show the Creator which side we choose, good or evil. Perfect system.
“I cannot control ….. but I can still try to get through to the Malays that are at the helm of the Judiciary and appeal to their religous common sense before we become a basket case too?” — Kathy
Appeal to their religious common sense?? Common sense is in scarce supply not just in Malaysia. And to say that we have nothing else but religious common sense to depend on is like losing the battle before it even began. Except for a brief moment after 9/11 religion is on the retreat.
The fear of God has not stopped the country’s leaders from looting the nation’s treasury, what makes you think those boring old farts in black garb with mullet in hand have what it takes to make matters right when in your own words they are beholden to their political masters?
What we need is reform. Over here justices of the U.S. Supreme Court once appointed is beholden to no one. Why? Because they have security of tenure. The U.S. President who appoints the judge with confirmation of the U.S. Senate cannot sack him. He is set up for life unless impeached.
You want to see justice in Malaysia? You need to bring back the rule of law so you could put the fear of God in those who break the law.
sorry to go off-tangent from the topic, but your half-truth excites me Ai tze, and stimulates my faculty…..
In which case, i would like to put it in this way. Did the Teachings of Sidharta Gautama, of Confuci & Loa Tsu, of Guru Nanak & Bahaullah, and of others in the mystical traditions, did they teach the wrong way, or, did they infact teach the right way for our salvation ?
Following from that, did we as followers understand their teachings the right way such that we have not ” misinterpreted ” them that should lead us to salvation, or, conversely, if indeed misinterpreted them that will lead us to certain doom…. ( on the day of judgement), does it imply about the frailty of Religion or Beliefs, or about the Frailty of Man himself, not be able to comprehend truth from falsities, for which we are ourselves solely responsible ?
Remember Buddhism : As we sow, so shall we reap ?
ooops ‘ not being able….”
“I cannot accept your points of view Frank and Mr Bean and I will never stop reminding the people at the helm of our Justice system that they are unIslamic if they ignore the basis of the commands of the Koran which is Justice and to not be beholden to those who want to skew the system for their own benefit. I will not stop ….” — Kathy
Nobody is asking you to stop doing anything. We are just making an observation. And that is if trust in human nature (“religious common sense” to you) is all we got to offer, when 3,000 years of human history shows nothing but conflict, then old Frank may want to tell us why Hyacinth Goddard slept in a raincoat.
Abnizar, it is immaterial whether the teachings of Gautama, Confucius, Lao Tze, Guru Nanak & Bahaullah are right or wrong. These people were MEN.
Their words were philosophies – not to be confused with the words of GOD .
How can Men, who are mere mortals, correctly interpret the words of The Almighty One? I therefore repeat:
Therein lies the frailty of Religion – it is open to human misinterpretation.
Mr Bean, even as i wrote ‘religous common sense” I knew I was stretching it and maybe asking for a wee bit too much considering faculties shut down when it comes to religion. Yes we muslims are not allowed to think according to those who minister religion and as for those in their conmfortable offices adjudicating other peoples lives, they should know and they do, that ther are not to be beholden to anyone but the written law to dispense Justice. They know this. And yes, of course, the Rule oflaw has to be brought back and strict enforcement to put the fear of God in them, of course.
You reap what you sow…..right interpretation. you reap the good fruits of your harvest, bad or wrong interpretations you reap bad fruits of your harvest – so let men intrepret rightly or wrongly, they are themselves non the wiser – each responsible in accordance to his own measure….
Followers of human Philosophers/Teachers/spiritual Gurus, you do the same thing, Interpret or Mis-interpret their messages….
Sincerely my Q is : why do followers DEIFY their ‘human’ messengers and do prayers or worship them as mere ‘ mortals ‘ ? right interpretation or incoorrect interpretation ?
Again, Dato Din, Mr Bean or Kathy ( i not excluded), we have been trying to point out misinterpretatios or distortions by some muslims – not that we know too much – , BUT, WOULD YOU DARE, my friend ?
Nobody is asking you to stop doing anything. We are just making an observation. And that is if trust in human nature (“religious common sense” to you) is all we got to offer, when 3,000 years of human history shows nothing but conflict, then old Frank may want to tell us why Hyacinth Goddard slept in a raincoat.
Your response Frank? To Hyacinth Goddard and her raincoat.