"The Judiciary has been held captive by the Executive far too long. It is untenable and simply unacceptable by any account.
It is time for the Legal Profession and the Rakyat to FREE the Judiciary from the Executive, in order for Democracy to continue to survive, as it should be, in our country.
And the time is NOW !"
Quote:
".. The Bar (i.e. lawyers) is going on a peaceful march to try and save the judiciary, and ultimately the nation.
(And) Minister Nazri Aziz is aghast that the Bar would "stoop so low" and "lower their standard".
This it seems is some kind of grievous fault.
Only scoundrels and ruffians like Mahatma Gandhi or Martin Luther King or those Burmese monks up north would resort to something so low as to march peacefully for a good cause.
And we (Lawyers) have now joined the ranks of such cutthroats and villains.
I sincerely hope that everyone is suitably grateful to the Minister for making us aware of our abominable behaviour.
I fully expect MEMBERS of the Bar to pay scant attention to him and turn up in FULL force at the Palace of Justice come Wednesday morning. And to MARCH! .." Read here for more
-N. Surendran a/l K. Nagarajan
branded the Bar Council’s plan to hold a march on Wednesday to press for investigation into the scandal as an attempt to display ‘hostility’ and as support of the opposition.
Minister in Prime Minister's Department, Mohd. Nazri Aziz
“Lawyers are officials of the court, they have a place in the society. They shouldn’t behave like the opposition.If they want to stoop so low and go there like (an) opposition demonstration, certainly they will lose my respect because I have been having a very good relationship with the Bar.
Why do they want to lower their standard, unless they want to show they are hostile (to the government) and (that they) support the opposition.” argued the clearly annoyed minister.
Saying that the Bar should remain an independent body, he equated LAWYERS joining the march to the conduct of opposition politicians Lim Kit Siang and Anwar.
Response from the Bar Council:
" The Malaysian Bar stands up for JUSTICE. It is non-partisan and only issue orientated.
Justice is for ALL people, regardless of political persuasions.
The PRESENT situation is a matter of justice, NOT politics.
The expression of views, seemingly contrary to the Government’s position, may be wrongly labeled as “a display of hostility” in autocratic countries. In truth (and in the free world) it is called DEMOCRACY.An open and collective expression of views and sentiments has long ceased to be an “improper manner of response”.
In any event, how can our call for the strengthening of the Judiciary ever be only the position of opposition parties, when surely it must be the government’s stand too.This call arises out of our belief that the independence of the Judiciary is the highest ideal that we must cherish and be prepared to stand up for. "
Ambiga Sreenevasan
President, Malaysian Bar Council
COMMENTARY
From N. Surendran a/l K. Nagarajan. Read here for more on Malaysian Bar Council Website The Bar should turn up in FULL force to march :
"..WE are the object of Ministerial disapproval.
Law Minister Nazri Aziz is aghast that the Bar would " stoop so low " and " lower their standard".
This is because the Bar is going on a peaceful march to try and save the judiciary, and ultimately the nation. This it seems is some kind of grievous fault.
Only scoundrels and ruffians like Mahatma Gandhi or Martin Luther King or those Burmese monks up north would resort to something so low as to march peacefully for a good cause.
And WE have now joined the ranks of such cut-throats and villains.
I sincerely hope that everyone is suitably grateful to the Minister for making us aware of our abominable behaviour.
We are now expected to keep our troublesome opinions to ourselves and not march about everywhere speaking plain truths. In short, DO NOTHING , and leave the preservation of the judiciary as an independent and corruption-free institution to the authorities.
And why not? Just look what a brilliant job they have made of it over the past two decades.
Instead of doing such a contemptible thing as marching for justice, perhaps we should emulate Minister Nazri. Here are some of his more noteworthy deeds:
• threatening action against the person who released the video clip to the nation;
• having an improper conversation with the head of the judiciary;
• threatening bloggers with the ISA;
• telling the Chairman of the PAC to "shut up" over the Port Klang Free Zone issue; and
• being part of a political coalition and government that perpetuates communal politics in order to stay in power.
Such are some of the accomplishments of this man for all seasons. I could go on with his praises but it would be tedious to do so, and I don't want to be accused of trying to ingratiate myself with him.
I fully expect members of the Bar to pay scant attention to him and turn up in full force at the Palace of Justice come Wednesday morning. And to MARCH! "
"....It is highly irresponsible for the Minister, or any Minister worth his salt in any democratic country, for that matter, to equate or even to merely attempt to relegate the Malaysian Bar to the ranks of the Opposition.
With respect, as Minister Nazri is also a lawyer, he should know that the Malaysian Bar is a self-regulating professional body established by statute by our Founding Fathers since Merdeka in 1957 to pursue justice without fear or favour...."
"... Sistem kehakiman adalah bebas daripada pengaruh eksekutif dan legislatif. Dalam erti kata lain, dalam konteks Malaysia Ketua Hakim Negara mempunyai autonomi untuk menjalankan tugas beliau dan tidak bertanggungjawab kepada mana-mana pihak melainkan Yang DiPertuan Agong.
Justeru apa gerangan Menteri ini mengatakan bahawa beliau bertanggungjawab kerana ’saya adalah menteri yang menjaga hal ehwal mengenai perundangan?’
Tidakkah ini memberikan gambaran jelas, bahawa memang wujud campurtangan eksekutif di dalam sistem kehakiman Malaysia? Apakah doktrin ini hanya sekadar bunga penyeri di dalam Perlembagaan Persekutuan, bukan untuk amalan di bawah indikator demokrasi berparlimen?
Saya belum sampai tahap tergamak mengatakan bahawa menteri ini tidak faham asas doktrin ini, tetapi saya terus tertanya-tanya, salahkah apa yang saya belajar dahulu?.."
".... De facto law minister Mohd Nazri Abdul Aziz said he issued a denial on behalf of the chief justice in relation to the explosive ‘Lingam tape’ revelations because “I am his minister”.
Once again, Nazri demonstrated his lack of respect for the practice of separation of power in a democratic country.
How can an executive claims to be the 'boss' of the chief justice who helms the judiciary, a distinct branch of the country?
Nazri's statement does more harm to Ahmad Fairuz, the chief judge, rather than helping him.
First, it is now confirmed that Ahmad Fairuz is not free from the influnce of the executive branch. Nazri, a cabinet minister, has claimed that he is 'his minister'.
Second, Ahmad is acting in a irresponsible manner in not answering directly to the public.
Lawyer and immediate past president of Bar Council, Yeo Yang Poh, in a chinese language talk show opined that the chief justice should immediately file a police report and respond to the media if he is not involved in the purported video showing VK Lingam talking to a 'senior judge' on fixing judicial appointments.
Like many have said, nothing less than a royal commission will do.
This controversy is beyond Nazri.Malaysians must remind the Minister to act CONSTITUTIONALLY."
"... We need YOUR support for the march tomorrow, 26 September 2007.
Our presence in large and significant numbers is ultimately what counts if we want reform and positive change in the judiciary.
The time for affirmative action is now.
It is not the actions of the Bar Council that will bring forth change.
We need YOU, the Malaysian Bar, to speak out for the changes within the judiciary.
A strong and large presence at the march would surely underscore the commitment and support for judicial reform, much more than any number of members attending any General Meeting of the Bar.
For too long, we have suffered the shortcomings of our judiciary. There have been enough allegations of abuses and manipulations and the time to act is now.
There are many WITHIN the judiciary who work hard with conviction and independence to maintain judicial propriety. We support you.
The corrupt and incorrigible face the wrath of the Malaysian Bar!
We have over the years cajoled, talked to and impressed upon the powers that be for the need to reform the judiciary but to no avail.
If there is one significant defining moment for change and reform in the judiciary, it could be 26 September 2007.
Let us all walk the talk."
"... The (Bar Council members) protest march, if it takes place, is unprecedented, because the last time such a gathering took place was in the late 1980s, when the Bar protested against then Prime Minister Tun Dr Mahathir Mohamad over the Official Secrets Act and other laws.
The controversy has also become louder because the lawyer concerned has not issued any denial.
Now, that his name has been widely circulated and implicated, he should come out to give an explanation.
We shouldn’t shift the goal post – because the issue at hand is the INTEGRITY and CREDIBILITY of the Judiciary, which is an important branch in the concept of separation of powers in a democracy.
The Judiciary serves as a check and balance to allow DEMOCRACY to function effectively.
It also serves as an important avenue for the people to seek justice, including seeking redress from the Executive.
Democratic countries with established judicial systems are more attractive to investors because businessmen have confidence they could rely on the courts if they have problems, compared to authoritarian or theocratic countries.
It is important that we protect the image of our judiciary.There should not be any perception that the system can be tampered or worse still, bought, because it would not just dent its credibility but erode it.
The WORLD, not just Malaysians, is watching how the authorities handle this episode..."
"... Yesterday, the President of our Malaysian Bar Council gave her response to Dato’ Seri Mohamed Nazri Abdul Aziz’s comment on the Lingam Tape saga.
Indeed you have chosen your words wisely, Madam President.
As a Muslim, I am touched by your bold stand on the Lingam Tape saga. You have displayed an honorable character and attribute that many Malaysian Muslims today were found lacking.
I’m truly touched, Madam President.
Please do whatever you can to save (maybe rescue would be the right word) our judiciary from the clutches of politics, power and money.
I am sure that you would have full support from all Malaysians in confronting the powers that be in your fight to uphold justice for all people.
Carry on, Madam President!..."
"... A number of narratives have arisen as to the Bar’s initiative:
Ultimately, the Bar is walking the walk to eradicate political interference in the Judiciary. And if such an act is seen as a threat to the present political order, our politicians have clearly missed the point.
- that the Bar was in essence a stooge of the opposition parties. Frankly, delirium may have played a large part in the concoction of that narrative and its irrational premise curried no favour with the President of the Bar Council.
- (that) questions the very need to march and demand the setting up of a Royal Commission of inquiry. There are a number of cardinal reasons warranting the setting up such a Royal Commission.
If the Bar’s actions culminates in the setting up of a Judicial Commission, it is intended to concretize the notion of separation of powers and the rule of law. Suggesting otherwise is again missing the point.
The long and short of it is, when one affirms the rule of law, one actually affirms the legitimate exercise of the Governmental and Judicial authority.
By extension, if objections arise it rightly should only emanate from unscrupulous politicians or judges - admittedly lacking the requisite Napoleonic attire - but certainly possessing the intent (mens rea ,if you must) of not subjecting the illegitimate exercise of their authority to appropriate scrutiny.
And if a by-product of the walk results in curtailing the activities of such Napoleons then I think we should all be there on the 26th of this month to help the Judiciary get back on its feet.
It has been on its knees long enough."
"... Now we know for sure the Judiciary has NO integrity and NO credibility.
The ruling government has NO understanding of the concept of separation of powers in a democracy. (And) Judicial independence is only a myth, nothing more.
Nazri branded the Bar Council’s plan to hold a march on Wednesday to press for investigation into the scandal as an attempt to display ‘hostility’ and as support of the Opposition.
Frankly, I am really tired of this fella's crap.Why is it that everytime someone opposes a government project or opens up a scandal related to the government and UMNO, the person is seen as a supporter of the Opposition? Is Nazri stupid enough to believe this himself? Why can't scandals be exposed for the sake of justice and decency?
He should be sacked for being a disgrace to the government and the people of the beautiful country who deserve more from its leaders. We are getting very tired of your big bully antics.
I don't know if the Minister in the Prime Minister's Department knows that the rakyat really doesn't care whether he approves of its choice of action.
The rakyat is after all his boss.
And as his boss, the Rakyat does not need the Minister in the Prime Minister's Department's approval to do the march.
I am glad that the Bar Council finally decides to do the right thing! It takes a lot of guts and conscience to be able to do this.
Nazri (should) wake up to the reality that it is also in the government's interest that the integrity of the judiciary is restored.
Or is it?
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