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Tuesday, May 12, 2009

My Only Response is "Correct, Correct,Correct"

What can I say. The Court of Appeal has granted a stay of execution and decided to have a one man panel to hear this case. And as I have said yesterday, it's a little bit too early to celebrate. I mean, with the courts able to grant a hearing as soon as 1100hrs today was already an indication of the outcome.

Only thing I can say is "Correct, Correct, Correct".


Tulang Besi

ps This explains why Sept. 16 was necessary. Damn those who made it fail. How can we expect the system to work in the favor of justice and fairness. The system has been skewed for such a long time that it serves only one master, UMNO.

We need a Sept 16 to ensure that the system can be corrected and in turn we can have a truly free and fair election.

THose against the Sept 16 incident were truly, truly naive.

20 comments:

HaHs said...

My comment to our article is also


Correct! correct! Correct!

Ariyos...

KerusiMeja said...

Baru nak mengiakan tulisan Husam Musa
"Keputusan Mahkamah Tinggi Kuala Lumpur meletakkan Nizar sebagai Menteri Besar Perak yang sah adalah mengejutkan. Mengejutkan bukan kerana point undang-undang tidak menyebelahi Nizar, tetapi mengejutkan kerana keberanian Hakim Abdul Aziz Rahim membawa Mahkamah Malaysia keluar sebagai institusi yang bebas dan berintegriti. Beliau adalah seorang hero baru."

Tulapasal...mahkamah rayuan berpunya. Kalau PR yang file appeal, mau bulan Jun 2012 baru dengar...

chegu said...

It should not matter who wins in the final ruling as long as they have the Rakyat's interest at heart. May the best person rule!

http://profesorserbatau.co.cc/

Anonymous said...

mmg ramai rakyat malaysia yang naive. lepas tu kalau dah dibagitahu p[un hati tertutup oleh kegelapan!

Nizam Mahmud said...

This people never learn TB.

History all around shows that for corrupt system to end, it has to be replaced by unconventional means.

It does not matter whether the scenario comes from religion or otherwise.

Whether it comes from Prophet Muhammad, peace be upon him, or the Magna Carta or the French revolution, or King George's war and quite recently we have Indonesian Reformasi.

All this have one characteristics; that it is necessary to use unconventional means.

And like you said, those who made Sept 16 a failure is truly a naive. Those who never learn from history are doomed to repeat it.

Alex said...

I disagree with September 16 now. If there was a September 16, then all the mess that is unfolding in Perak now would be laid at the feet of Pakatan Rakyat. It is a god sent that Barisan Nasional instead created this mess. This single incident has opened more eyes against BN since the HINDRAF/BERSIH rally in 2007.

We must beware of spin coming from certain quarters (a retired politician) saying new elections are unnecessary because the result will reflect the current status quo and lead to instability again. I beg to differ.

I believe that if fresh election are held now in Perak, Pakatan has a very good chance of winning Perak by a better margin than previously. The seats of the three frogs and the seat of the sole MCA man is within easy reach.

UMNO has to resort to this spin to give themselves a plausible excuse to refuse new elections. Day by day the call for new elections grows stronger from all quarters in Malaysia. UMNO does not know how to dig itself out of the mess yet.

Anonymous said...

When a movement based on equality and justice starts to roll,the movement cannot be stopped!!And history has shown that!!Pity the power crazy leaders.They will be gone.That's for sure!!

Anonymous said...

Well,Nizar is still the legal MB,and today's "penangguhan" verdit cannot erase Nizar's status.Zambry's oppointment ,and the actions of najib,thesultan,and yes the Raja Muda are all null and void.

Anonymous said...

High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim granted a declaratory relief to Nizar that he is still and was Mentri Besar at all material times.
----------------------------------

So,Nizar was and still is the legitimate MB.Todys court of appeal's verdict to postpone the judgement means jack shit!!In fact the court of appeal has actually upheld yesterday's decision,and the question of penangguhan makes no sence at all.There must be a menteri besar all the time,and the high court's decison proved without any shadow of a doubt that Nizar was and still is the undisputed menteri besar,so the word "penagguh" shouldnt have been mentioned.Hakim ni lulusan univertsi kangkung kot,or maybe he was under heavy preassure to do something to reverse the high court's decison.

Anonymous said...

The Court has been allowed to grant declaratory reliefs, and no longer do the granting of declaratory reliefs need be made only sparingly.


For the above reasons, the office of the Menteri Besar is not vacant or has not been vacated. The judgment is in favour of the Applicant according to the prayers as in enclosure 28.


Court adjourned at 3.50pm


[The prayers granted were as follows:


a. Perintah deklarasi bahawa Pemohon adalah dan pada setiap masa material dan masih Menteri Besar Negeri Perak Darul Ridzuan.


b. Perintah deklarasi berkenaan tafsiran Fasal XVI(6) Undang-Undang Tubuh Kerajaan Negeri Perak bahawa dalam keadaan di mana:


(i) Menteri Besar Negeri Perak Darul Ridzuan ingin, dan telah memberi nasihat, untuk pembubaran Dewan Perhimpunan Undangan Negeri Perak;
http://www.malaysianbar.org.my/general/notes_of_grounds_of_judgment_in_nizar_v_zambry_case.html


(ii) tidak terdapat pembubaran Dewan Perhimpunan Undangan Negeri Perak;


(iii) tidak terdapat usul tidak percaya yang diambil dan diterimapakai dalam dan oleh Dewan Perhimpunan Undangan Negeri Perak terhadap Menteri Besar Negeri Perak Darul Ridzuan; dan


(iv) tidak terdapat perletakan jawatan Mentri Besar Negeri Perak Darul Ridzuan;


jawatan Menteri Besar Negeri Perak Darul Ridzuan tidak boleh dan/atau tidak dikosongkan.

Anonymous said...

On Monday, High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim had granted a declaratory relief to Nizar that he is still and was mentri besar at all material times.


The court, which issued a declaratory relief that Datuk Seri Dr Zambry Abd Kadir had no right to occupy the office of Perak Mentri Besar, also ordered him to show cause and give information under what policy, power or authority he allegedly held office and exercised the responsibilities, functions and duties as mentri besar.
http://www.malaysianbar.org.my/legal/general_news/perak_crisis_stay_of_execution_granted.html

Anonymous said...

(this is taken frm malaysiakini)

Chong Leong: It is reported that the Court of Appeal's Datuk Ramly sat on his own when granting the order of stay against Nizar being declared the rightful Menteri Besar of Perak. This is in contravention of Section 38 of the Court of Judicature Act 1964, which provides that every proceeding in the Court of Appeal shall be heard and disposed of by three judges or such greater uneven number of Judges as the president may in any particular case determine.

And a judge of a certain panel of three or more uneven number may be excused to a number no less than two, according to section 42 of the same act. So it seems the stay order against Nizar is not in order. Even worse, it may be seen as tainted and made in haste just to preserve certain persons in power. Just when we are regaining some hope with the judiciary, all is done to erode that little glimpse.

Anonymous said...

By Wong Choon Mei

True enough when Appeals Court Judge Ramly Mohd Ali’s super-quick order for a stay of execution came under the microscope, huge glaring flaws jumped out.

Much the same like the controversial rulings of Ipoh Court Judicial Commissioner Ridwan Ibrahim, who had refused to hear any of the Perak crisis suits placed before him in open court.

Huddled together with Umno lawyers, Ridwan had at one stage actually ruled that Perak Speaker V Sivakumar could not be represented by his own lawyers, but must accept the services of state legal adviser Ahmad Kamal Shahid. Even though the latter was already acting on behalf of Sivakumar’s political rival Zambry Kadir!

Said Leong Cheok Keng, lawyer for Menteri Besar Nizar Jamaluddin: “The High Court ruling was not an order to act which can be stopped by staying it. It is not like paying damages where you can halt the payment until a decision has been made.”

Nizar still the rightful MB

On Monday, High Court judge Abdul Aziz Abdul Rahim had ruled that Nizar was the rightful Menteri Besar of Perak, thereby invalidating the appointment of Umno’s Zambry Kadir as his successor.

Zambry took over on Feb 6 after Prime Minister Najib Razak launched a coup d’etat to topple Nizar’s Pakatan Rakyat administration.

“The Monday ruling was a declaration that Nizar has been the legitimate MB all this while. How can you temporarily vacate him from office?” said Leong.

Even on Monday, when Zambry asked Justice Abdul Aziz for a stay of execution, he received the same curt reply from the High Court judge.

Perak executive councillor Thomas Su, also a lawyer, said despite the stay order Zambry could not be MB as it did not overturn the High Court’s ruling. This means that Nizar is still the Menteri Besar.

Najib’s predilection for the underhanded and the foul condemned

To Malaysians disenchanted by Najib’s predilection for the underhanded and the foul to resolve the Perak crisis, it is disappointing that less than a week after the widely-condemned May 7 sitting, he and his Umno party have once again chosen might - and not right - to force Nizar to vacate his office.

“Since I was sworn in on March 12, 2008, I have been the Menteri Besar until now,” Nizar said. “It is impossible not to have a Menteri Besar at any point of time. There cannot be a gap.”

Civil society leaders and legal practitioners have condemned the latest twist, saying that it reflected badly on Najib’s leadership and would further blacken the country’s already tarnished international image.

Said Ragunath Kesavan, president of the Bar Council: “As we have already said this is not a case for the courts to decide. It is for the people to decide through fresh election. As an immediate response, Nizar can apply to set aside the stay order.”

Said Param Cumaraswamy, former UN Special Rapporteur on the Independence of Judges and Lawyers: “It will be a matter of concern to an average citizen over how the Court of Appeal presided by one judge could overturn a decision of the High Court judge yesterday when he refused to grant a stay of execution without there being before the Court a formal application to that effect.

“The contention by Zambry’s counsel, and supported by the Attorney General, that if the Sultan of Perak had dissolved the Legislative Assembly then Zambry’s appeal would be academic is hard to accept.”
http://en.suarakeadilan.com/current-news/2009/05/7066

Rozana said...

Positifnya, semakin BN 'attack' Perak, semakin simpati rakyat.Macam kes Kelantan prior to GE12.

Anonymous said...

Court ruling from the Planet of the Apes!

Have bananas will rule..Semua nya OK!

Anonymous said...

c. Writ bersifat “quo warranto” dikeluarkan kepada Responden memerintahkan Responden untuk tunjuk sebab dan memberi maklumat bagaimana dan di bawah dasar atau kuasa atau authoriti mana Responden berhak kononnya memegang jawatan Mentri Besar Negeri Perak Darul Ridzuan dan kononnya bertindakdan/atau menjalankan dan/atau melaksanakan tanggungjawab-tanggungjawab, fungsi-fungsi dan tugas-tugas Mentri Besar Negeri Perak Darul Ridzuan.

d. Perintah deklarasi bahawa Responden tidak berhak untuk dan/atau tidak menjawat jawatan Mentri Besar Negeri Perak Darul Ridzuan dan bukannya mentri besar Negeri Perak Darul Ridzuan pada bila-bila masa yang material.

e. Perintah injunksi untuk menghalang Responden dan/atau agen-agen Responden dan/atau pengkhidmat-pengkhidmat Responden dari bertindak dan/atau menjalankan dan/atau melaksanakan tanggungjawab-tanggungjawab, fungsi-fungsi dan tugas-tugas Mentri Besar Negeri Perak Darul Ridzuan

Nizam Mahmud said...

Alex,

The understanding is that after Sept 16, there will be huge revamp for judiciary, police, ec, and etc. So you would have no more phantom voters, no more merrygendering and so on.

And after that General Election would be held.

These were the promises of Anwar. I support Sept 16th not because I favor Anwar to be the PM but because that is a good chance to revamp the whole government machineries.

You could say Anwar could not be trusted. I won't argue with that. But the point is, what other choice are there? Wait for BN to clean up the mess? Believe that BN is willing to risk losing power if they revamp the whole system?

The corrupt system is the one who is giving UMNO its life. Tell me, out of 10 UMNO members, how many are there because they are sincere and wanted to do good for the country? How many absolutely want nothing for themselves?

And if Sept 16th succeeded, Anwar won't have absolute power. the 30 over MPs who is jumping won't give PKR the numbers to form the government. Anwar would still need DAP and PAS. And if there are more BN MPs jumping ship, I believe that it will be divided between the 3 parties in PR. So it will still not make Anwar in absolute control.

So between believing UMNO or Anwar would do the right thing, I choose Anwar.

So Sept 16th is history. Now what? Believe that the court of appeal would upheld the decision by the high court? Or believe that the Sultan will grant dissolution of the assembly at the risk of his son not ascending the throne? Or believe that between now and the next GE, UMNO will not try its best to win by hook or by crook.

Come on la, Zahid Hamidi already announce that there will be army camps in all the constituencies. What do you think it is for? Communists are growing in numbers? I thought Chin Peng already laid down arms.

Anonymous said...

Wow Tulang Besi!!!

You really can read them like a comic book!!! You knew the outcome even before the dust settle. No price for being right, I guessed it correctly too.

Anonymous said...

Court ruling from the Planet of the Apes!

Have bananas will rule..Semua nya OK!

---------------------------------

kahkahkah..siapa jadi urko aah?Zambri kot..

Anonymous said...

satu dunia dah tau Malaysia dah f*k up mcm zimbabwe....yg dok cakap "i dont like Anwar" adlahah one of the simtoms of kepundekan katak dibawah temprung k0ngkek bohsia taik judi ada lui ada power maah!!Tenggok Malaysia..everywhere there is loosness,and lifelessness..people playing games,watchin poen,doin multiple jobs for survival,aimless wonderings in shopping malls..everywhere there is blankness...puncanya?extreme materialsm..yes everyone,are addicted to$$..for some strange reason,our life mantra is "no money means no air"....and we will do anyhting for endless limitless f*king,luxury n comfort..including delay deli...

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