Tuesday, August 05, 2008

First the Flag, Now the King, Next the ........

What will they think of next? But then desperados are notorious for publicity stunts that are more froth than substance. Granted the there is something rotten in the state of Malaysia, but to leverage the angst felt by many for self-glory is surely stretching it a little bit beyond the bounds of civility and common decency. As such, the decision to petition His Majesty, the Yang diPertuan Agong (YDPA) is a sure indication of how certain people are wont to clutch at straws.. any straw for that matter in a relentless and maniacal pursuit of power to instituitionalise their hidden agenda as the sands of time slowly but surely ebbs away.

A close perusal of the petition here reveals that there is a basis for arraigning both the petitioner and the signatories on a charge of lese majeste as the document implicitly avers that the Monarch is susceptible to pressure when granting assent to requests forwarded by the Executive as indicated by the use of the excerpt below to bolster an hollow argument:

maka, Raja-Raja Melayu tidak harus tunduk kepada tekanan badan Eksekutif untuk memberi persetujuan. Sistem Raja Berperlembagaan merupakan sebuah sistem perkongsian kuasa antara monarki dan rakyat, di mana monarki merupakan sumber panduan utama apabila wujud krisis di kalangan rakyat.

which subtly implies that the appointments of Tan Sri Dato Zaki mentioned in the petition were consented to by His Majesty, the King, under duress.

Secondly, it is also implied that the monarch is incapable of exercising his discretionary powers as vested by the Constitution in a judicious and equitable manner as the following statements aver:

a. Kami, sekalian rakyat jelata, mengambil maklum, pada bulan September 2007, Perdana Menteri telah mencadangkan dan memperoleh perkenan Tuanku bagi melantik Tan Sri Dato’ Zaki Tun Azmi secara langsung ke Mahkamah Persekutuan, mengenepikan beberapa hakim yang telah lebih lama dalam perkhidmatan di Mahkamah Rayuan.

b. Pada Disember 2007, tatkala Tan Sri Dato’ Zaki telah hanya berkhidmat selama 3 bulan sebagai Hakim Mahkamah Persekutuan, Perdana Menteri sekali lagi telah memohon dan menerima perkenan Tuanku bagi melantik Tan Sri Dato’ Zaki untuk menjawat jawatan Presiden Mahkamah Rayuan, kali ini mengenepikan beberapa hakim yang telah jauh lebih lama berkhidmat di Mahkamah Persekutuan.

this is despite the fact, that the nature and order of such appointments is purely at the prerogative of the YDPA :

(6) Notwithstanding the dates of their respective appointments as judges of the Supreme Courts or of the High Courts, the Yang di- Pertuan Agong, acting on the advice of the Prime Minister given after consulting the Lord President, may determine the order of precedence of the judges among themselves. (Article 126B)

Further, it is implied that His Majesty, the YDPA ,and by extension the conference of Rulers were derelict in failing to apply the law of equity in the promotional exercise (as in cases a and b above) in their consultations (as vested in Article 122B) as manifested by his/their expressed consent to the recommendations as presented by the Right Honourable Prime Minister

The Lord President of the Supreme Court, and chief justices of the High Courts and (subject
to Article 122C) the other judges of the Supreme Court and of the High Court shall be appointed by the Yang di- Pertuan Agong, acting on the advice of the Prime Minister, after
consulting the Conference of Rulers.

based on the above, it is apparent that the maker(s) and signatories of the petition has committed lese majeste as they have clearly implied the following:

1. The YDPA is susceptible to coercion and undue influence whilst exercising his constitutional powers and was thus not in complete control of his powers/faculties when assenting to the appoinments.

2. The YDPA and his brother rulers are incapable of exercising the principles of equity and fair play in their consultations.

3.The explicit language of clause 6 of article 122 B with regard to precedence or rank is negated by the petitioners who are merely guided by the principle of seniority .

This petition is yet another lame attempt projecting oneself as the defender of the constitution and as the saviour of Malaysia by riding on the woes of the rakyat. Such infantile moves at stirring emotions is reflective of an utterly bankrupt and amoral mind.

For starters, the maker(s) of this petition should be charged under Section 3(1) probably under subsections (b) or (c) of the Sedition Act so that such incidence of lese majeste which have become increasingly common of late would be nipped in the bud. Probably, the authorities can be more lenient on the signatories as they are merely gullible cows being led by the noose to the slaughterhouse of self destruction by a fiendish butcher masquerading as a Good Samaritan.

Revert: Me thinks smart arse lawyers should just warm legal seats not heat up the emotions of the rabble

1 comment:

Cybil said...

You write very well.