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Tuesday, July 11, 2017

No reason or rhyme in court’s travel ban ruling



YOURSAY | 'Denying Pua from travelling is exercising dictatorial power.'
Enggang: A person who is not a fugitive from the law, nor a convicted individual or on a wanted list, should be allowed to travel freely, not only within his own country but also to foreign lands, once he is issued a passport by his own homeland.
Denying him from travelling without giving a valid reason is exercising dictatorial power, which has no place in a democracy. But then, is Malaysia a democracy?
On the other hand, the US Department of Justice has declared Malaysia a kleptocracy. Now I can understand the Court of Appeal's decision (in ruling that Article 5 of the constitution, which enshrines personal liberty, does not confer on an individual the right to travel abroad, and that Article 9, which recognises freedom of movement, refers to the freedom to move among the states of the country, and not abroad).
Flyingeagle: Why issue or renew Petaling Jaya Utara MP Tony Pua's passport if the government cannot allow the passport holder to travel overseas?
Please remember, judges, Tony Pua is a lawmaker elected by the voters to fight for Malaysians against abuse of power and mismanagement of the country.
So what is the problem in allowing his travel, Court Of Appeal judges?
HaveAGreatDay: Ipoh Barat MP M Kula Segaran, thank you for airing the issue of Pua's travel ban.
To any rational and thinking rakyat, the ruling makes no sense, yet we have this unanimous decision from three of the top judges in our country. Go figure.
Pg People: Pua, if your right to travel is being denied, Immigration should refund every sen for issuing the passport without first checking with the "judges" that you do not have the right to travel.
If the Court of Appeal judgment becomes a precedent, all opposition party members better watch out, especially at the 14th general election (GE14), where travelling with a passport is required in East Malaysia.
Retnam: This kind of nonsense is not new here. One Indian politician was given a valid visa to travel to Malaysia. On arrival, he was told he cannot come to Malaysia.
Our authorities are very famous for this type of behaviour. This will never change, because the powers-that-be have lots and lots of money to ‘kow tim’ all the voters.
Anonymous_40f4: The right to travel abroad, to Sabah, Sarawak and anywhere else is at the absolute discretion of Umno Baru and Prime Minister Najib Razak.
They can do anything “without giving you a reason”. It's worse than a communist regime - no wonder Malaysia has visa-free travel to rogue countries like North Korea.
The reason for barring Pua, cartoonist Zunar and Bersih chief Maria Chin Abdullah from travelling overseas is because they have highlighted alleged theft and corruption in Umno Baru and have made them angry. So they misuse every apparatus of the state to make life miserable for these people.
Justice: Judges nowadays only like shortcuts. They are not patient. They don't give lawyers sufficient time to make submissions or present their arguments in court.
Compared to former judges in the 1960s to 1990s, present-day judges have shallow knowledge about administrative and constitutional laws.
So they hardly help in developing the laws to cater to present-day needs. Therefore, the ever-expanding discretionary powers of the executive are not checked by the courts, resulting in abuses and injustice.
Present-day judges are aloof and hardly have good sufficient understanding of society, especially with regard to the weak and poor, who are often subject to false promises, manipulation and even threats by the executive.
Present-day judges are mainly from the rich, well-connected families, former lawyers of big companies or government advisors or prosecutors, thus with the mind, upbringing and exposure oriented to the executive and the privileged.
LooneyTune Film: Reason and logic have long been expunged from the collective conscience of Malaysian judiciary - especially when it comes to the scripted interests of its political master.
The same injudicious buffoonery arrogated by the judges should equally apply to bar Dr Mahathir Mohamad to leave the federation and travel to London as he recently did.
This failed 'MO1 regime' is not even pretending to fake its rule of law, it is quite prepared to do it with reckless disregard to the fundamental rights of a democratic society.
Just imagine if one day, MO1 (Malaysian Official 1) would have to turn to the same "stare decisis" (legal precedent) to travel abroad?
Fernz: The court is not about ethics, moral values or justice. It's about law. What is law?
Law exists and has always existed, beyond statute and case law, and is based on common sense, universal values and the principles of natural justice. According to jurisprudence, God is not a source in law.
Law must have source to have authority, jurisdiction and power. Whatever the lower courts decide are generally overruled by the superior courts. In Pua's case, it was a political decision to rule against him. Likewise, in the case of Pua's defamation suit.
Drngsc: Of course, you are right, Kula. In both instances you cited, the judges made a politically correct ruling, but not a just one.
Of course, the PM is a public servant, beyond the shadow of any doubt. Of course, if I am deem fit to be issued a passport by my country, it must also mean that my country gives me the right to travel.
But we understand that in Bolehland, the referee has to obey the chairman of the football association, otherwise, he will not get paid. This is very much Bolehland logic and Bolehland justice. That is why we are all fighting so hard to throw out the corrupt chairman of Bolehland.
Anticonmen: Our civil laws are based on the constitution, which is supposed to guarantee equality, freedom of assembly, association, movement, religion and speech. But our reality is the opposite because religion is mixed with law.
However, interpretation of the law is not like the interpretation of scripture.
Law is based on equality and freedom for all citizens. Scripture is based on the belief by a few on their own concept of the infinite being, by their tiny finite minds. Many are unable to distinguish this.

Fair Play: Kula, there is still hope. After GE14, who knows, you might be very busy cleaning up the entire system. In Bolehland, the term 'checks and balances' is a very scarce commodity.- Mkini

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