Of Uncivilised Judges, Regressive Judges, Judicial Interference, Judicial Rowdyism, Competence And Integrity of Judges

I want to start this post with a weird joke. This is a true story. A husband and wife run a business together. Then their local Member of Parliament rented the shoplot right next to them for his new office. The husband had an addiction to food - he would eat anything and finish it. Potato chips, peanuts, fruits, cakes, lunch, tea etc. Anything edible within reach was gulped down in a jiffy. Realising his food addiction, one day the husband told the wife he had found a solution. Why not hand over all their tasty titbits, cakes, chocolates, nuts and fruits to the new YB Member of Parliament's office next door for safekeeping? Surely you could trust your Member of Parliament to keep your titbits stored safely for a short while? The wife fell down laughing. Firstly she knew her husband was just pulling her leg. Secondly the idea that you could trust your local Member of Parliament even with potato chips and peanuts was just too hilarious an idea for the wife. 

Ok thats the joke. Here is today's story.

Well why am I not surprised? If the religious guys are retards, if the education guys are dummies, if the cops cannot find criminals, abduction victims (or Indira Gandhi's ex husband), if the airforce has only FOUR Sukhois/MIGs flying,  then what is the big surprise that there are morons in the Judiciary as well. 

Here is an explosive expose by the Court of Appeal Judge Yang Ariff Hamid Sultan Abu Backer about the immature behaviour of some senior judges in our Judiciary.

Hamid Sultan Abu Backer. (Malaysian Judgments pic)

top judge scolded him for dissenting judgment in conversion case 

subsequently he was not assigned to hear cases related to constitution

Hamid Sultan Abu Backer not assigned to Constitution and public interest matters

(OSTB : This is strange because most recently the Court Registrar said the assignment of Judges to cases was done automatically and randomly  by their computer system. 

Here YA Hamid Sultan says he was cold storaged from hearing Constitutional cases! So what happened to the automated computer system  ?? Sudah rosak ke? Pegawai komputer cuti maternity DUA kali setahun? Atau pergi umrah tak balik-balik?)

Court of Appeal judge revealed he was reprimanded by a top judge 

for a dissenting judgment in unilateral conversion case two years ago

(OSTB :  "Ketuanan"  comes first, justice can come later?)

"Immediately after the judgment was released to the public, a top judge called up the entire Coram and severely reprimanded me, alleging, inter alia, judicial activism, and not only that, he started throwing tantrums at me in an uncivilised manner,” he said.

(OSTB : Uncivilised tantrums? By a top judge towards another judge? Kaum cebuk dale sungai?)

(Hamid) delivered dissenting judgment in Indira Gandhi 

to nullify conversion certificates of her three minor children

five-member Federal Court affirmed Hamid’s finding and allowed Indira’s appeal

bench ruled non-Muslim spouse's permission needed to convert children

Hamid said: “I personally thought that the judgment was my greatest gift to the Malaysian public in terms of the jurisprudence related to constitutional law, oath of office and the role of the four pillars of the Federal Constitution.”

(OSTB :  As I said, ketuanan and agama comes first, justice can come later)

Hamid said he stood his ground and responded to the judge that he did not have to defend his judgment and would not be cowed to act against his oath of office.

incident created long-term strained relationship with judge and many more

(OSTB : Strained relationship with judge and many more?  At my age I consider strained relationships a huge blessing from Allah. You dont have to see and talk to these morons.)

Hamid said without judicial dynamism, rule of law meaningless 
and corruption, kleptocracy could not be arrested

cosmetic changes not solution to judicial interference and rowdyism

“prudent for Bar Council to move setting up of royal commission 
once and for all address these negative perceptions of judiciary,” he said.

Gopal Sri Ram said ..some judges forward looking others regressive

Sri Ram said those competent and had integrity should be appointed judges 

or else results would be disastrous


My comments :  I recall the 1984 English / Indian movie   A Passage To India   where the British colonials  charge an Indian doctor (played by Victor Bannerjee)  in Court with the crime of molesting an English woman.  

The atmosphere is super heated because it has become an Indians versus the British colonials issue. Huge crowds gather outside the Court and the British military is on the ready. 

To placate the rowdy Indians the British appoint a lackey Indian judge to sit on the case.  Before the Indian judge enters the Courtroom the British lecture him on how to act cool and maintain the decorum of the Court.   But predictably the Indian judge loses his cool and exhibits a little of the 'uncivilised tantrums' that Justice Hamid Sultan talks about here.

Which is why Rudyard Kipling the Indian born, master story writer and super racist British colonialist crafted the term 'natures children' for the Asian people. 

Nature's children meaning the Asian people are permanently childish. They never grow up. Not entirely correct BUT not entirely incorrect either.

Someone has suggested yet another RCI to investigate Justice Hamid Sultan's accusations. Please lets not waste time.

There are 32 million Malaysians. Not all are stupid. As Gopal Sri Ram says just appoint judges according to ability and merit. Being able to speak and write good English is very important. Ability to read by the tons, write judgements quickly, be fully prepared to hear cases without postponements are all necessary qualifications.  

Please dont waste time on another RCI.