Friday, November 27, 2015

Thick skin, Khalid Abu Bakar's Sedition law, threatens citizen's freedom

Najib Tipu Melayu
Bugis King
Where then is the certainty and consistency in the law of contempt of court? Is it not “dog’s law” as Bentham called it?
In a democracy the people are supreme and all authorities Prime Minister of Malaysia, other ministers, judges, legislators, bureaucrats, police, army and so on are servants of the people. Since the people are the masters and judges their servants, the people have a right to criticise judges just as a master has the right to criticise his servant.
When the House of Lords delivered the judgment in the 1987 Spycatcher case, a prominent newspaper published as its headline “You Fools”.contempt of court for calling some judges fools, opinion this judgment is incorrect, totally unacceptable in a democracy, and violates the freedom of speech guaranteed  of the Constitution of Malaysia
Retired Federal Court judge Datuk Seri Gopal Sri Ram said proper criticism of a judgment or a judge was not wrong, pointing out judgments were made available to the litigants, practitioners, law students, academics and the public, so that they may criticise them.   “Criticism is the path to learning. It is only through criticism that a judge may become aware where he may have gone wrong so that he may correct himself in a later case,” he said. He said a judge who was sensitive to criticism was not fit for the job because sensitivity to criticism was the path to ignorance or even intellectual arrogance. Sri Ram said academics also criticised judgments and they were entitled to do that because they may be able to discover where a judge went wrong on a point of law. It is through articles written by academics that judges discover different points of view, he said.
IGP Khalid Abu Bakar  have “unconcealed sympathy for 2.6 billion haves”.
Why should Najib and Rosmah be so touchy? 
Fali Nariman, the eminent Indian lawyer, was in London at that time and he asked Lord Templeman who had delivered the majority judgment why the judges did not take action for contempt of court. Lord Templeman smiled, and said that judges in England do not take notice of such comments.
In Balogh vs Crown Court, a case contested in England in 1975, the defendant told the judge “You are a humourless automaton. Why don’t you self destruct?” The judge smiled, but took no action.
In my opinion the Supreme Court judges, before convicting the former Kerala MLA, should have reminded themselves of the following words of the celebrated Lord Denning in R vs Police Commissioner (1968): “Let me say at once that we will never use this jurisdiction to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself.”
Sri Ram said there were cases in which the House of Lords (which used to be the Apex Court for the United Kingdom) had reversed its earlier decision in a case because of the criticism from an academic. Sri Ram was commenting on recent cases in Malaysia where two activists were charged separately with sedition for criticising judgments. Activist Lawrence Jayaraj Edwin John was charged with sedition when he wrote an article, criticising the Federal Court's decision to convict Datuk Seri Anwar Ibrahim for sodomy in February. Parti Sosialis Malaysia leader S. Arutchelvan was also charged with sedition on Monday after he allegedly criticised the judiciary on the same verdict, in a Facebook

The Australia Director of New York-based Human Rights Watch (HRW), Elaine Pearson, also took the lectern to congratulate Zunar for his “courage in cartooning” and for being awarded HRW’s Hellman/Hammett grant this year, which helps him work and publish at a time when his books are banned and whole print runs are confiscated in the thousands of copies in Malaysia. 
Congrats Zunar
 Cartoonist Zunar was, similarly, charged with sedition. One may differ on the quality of his humour, but dissent, even to the extent of lampooningharshly portray Najib on the skids, the symmetry of culprits making off with glittering loot as the rakyat go under apparently fearsome reputation which Zunar has earned  a record nine charges for sedition and a possible 43 years in prison
healthy for any democracy. George Bernard Shaw said that to even “utter sedition, to blaspheme, to outrage good taste, to corrupt the youthful mind and generally to sexpose  the Prime Minister, was good for the society.n a democracy IGP Khalid Abu Bakar' must develop a thick skin, as these are occupational hazards.”

Americans value their rights and guard them zealously. American journalist Frank I Cobb said of their Bill of Rights, “In every clause it shakes its fist in the face of constitutional authority….It is the one guarantee of human freedom to the American people.” So also the Fundamental Rights in our constitution. What we need now is some penal action against authorities who so wantonly transgress these rights.
 Prime Minister Najib's job in jeopardy  Khalid Abu Bakar's Sedition law, protective  umbrella for Najib  the Sedition Act  widely used to silence critics of  Najib those who did so were called traitors
,Lawyer Fahri Azzat said criticism of judgments came in many forms like pointing out in the memorandum of appeal where the judge had gone wrong, during submissions in court. However, he said those who cast aspersions on the integrity of individual judges must back up their claims with solid evidence. He said a judgment was for the benefit of the public and everyone had the right to express their opinions but with decorum. Fahri said it was quite inaccurate for anyone to claim that the bench could not respond and correct public criticisms. “The chief justice can communicate during the opening of the legal calendar year. He can give interviews to defend his judges and the institution,” he said. Senior lawyer Datuk Bastian Pius Vendargon said the Sedition Act could be abused against those who criticised the judiciary for merely expressing an opinion. The civil lawyer said it would be better for bench or the attorney-general to initiate contempt proceedings rather than use the much criticised law that stifled dissent. “In such proceedings, the prosecution has a higher burden to prove their case against those facing a contempt charge. “For sedition, truth and justification are no defence and it now appears difficult for accused to secure an acquittal,” he said
This draconian  Khalid Abu Bakar's law, says that “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards Najib and Rosmah
 be deemed to be an offender  in other words, guilty of sedition. Is this the preposterous provision in IGP office from harassing critics of their political masters and clamping them in jail until the tortuously slow legal process gets them bail and eventual acquittal.
offers little protection against harassment.
Politician Datuk Khairuddin Abu Hasan (left) and lawyer Matthias Chang (white shirt) in court last month after facing charges under Sosma. – The Malaysian Insider pic, November 4, 2015.
Former premier Dr Mahathir Mohamad has lauded the High Court's decision that the sabotage charge against Matthias Chang and Khairuddin Abu Hassan is not a case under the Security Offences (Special Measures) Act. 
On recent cases in Malaysia where two activists were charged separately with sedition for criticising judgments. - the Prime Minister are meant to serve the people, criticising Najib is not a crime because Najib is a criminal
Retired Federal Court judge Datuk Seri Gopal Sri Ram says court judgments and judges are open to criticism but it must be done in a constructive manner. – The Malaysian Insider file pic, November 27, 2015.

| ‘The main task of the new AG is to stymie the investigations on 1MDB.
s recent appointment and the fact that he is positioned to give a righteous decision on a crucial national issue regarding allegations of abuse of executive powers, it is a wait-and-see as to how he conducts himself.
Some have hope that he will ultimately uphold national interest as per the law of the land.
There is little doubt that many would agree that there is some serious anomaly regarding the role of advisor on legal matters to the government and prosecutor of the same government on infringement of laws in circumstances when the government becomes "too" powerful.

Given the failure of the General of Police Tan Sri Khalid Abu Bakar ?: had been misused had been misused Credibility matters IGP wants Twitter user arrested for linking Najib, Rosmah to murders

On form,Najib makes a great prime minister.But how does he score on murder?"Don't they have any work other than to kill people?
Najib and Rosmah Mansor. Celebrating the legacy of Inspector-General of Police Tan Sri Khalid Abu Bakar

 Disqualified bycommon law system   the part of English law that is derived from custom and judicial precedent rather than statutes. . Is your job in jeopardyInspector-General of Police Tan Sri Khalid Abu Bakar ?

 Why blowing things out of proportion won’t help

The script here also looks like 
Going with the police version tha, motives still remain murky. Many of the main characters involved appear to be letting on less than they know — although it doesn’t necessarily follow that they were participants in the crime. Looks like a perfect Agatha Christie setpiece. As more revelations emerge and the case takes bizarre turns we are asked to exercise, like Hercule Poirot, “those little grey cells” in an attempt to enter the dark recesses of the human soul.

"Don't they have any work other than to kill people?" Faisal also wrote in the posting. He had listed out the murders of Mongolian Altantuya Shaaribuu, AmBank founder Hussain Ahmad Najadi and Kevin, as well as the death of private investigator S Balasubramaniam, saying that these are linked to Najib and Rosmah

The unsolved murder of : is this Agatha Christie, The Great Gatsby or Gone Girl?

The real-life murder mystery that pretty much all of metropolitan Malaysia is following with horrified fascination has elements from Agatha Christie, The Great Gatsby and Gone Girl. And now Mahesh Bhatt claims he has been penning a script for a movie that eerily anticipates many details of the Sheena Bora murder mystery.several high-profile deaths and linked them to Najib and his wife Datin Seri Rosmah Mansor.

young people their say, the likes of top debater Syed Saddiq Syed Abdul Rahman. But there needs to be more done, much more.

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