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Friday, October 18, 2013

Judges are not infallible, but ALL judges are qualified - M H Hassan


Ravinder Singh's "Allah judgment: Judges are not infallible" raises a number of questions which include these:

"Did the three judges not have a personal interest in the issue as they are themselves practitioners of Islam and citizens of Malaysia? Did they have the fear (even a very little of it) that if they did not deliver a judgment favouring Jakim, they themselves might be seen as being anti-Muslims and anti-Islam?"

In the aftermath of the High Court decision in what is now commonly referred to as the "Herald" or Allah case which saw the reprehensible incidents of arsons and vandalism against various places of worships, along with the hacking and defacing of the Malaysian Judiciary's website, and the break-in into the office of the law firm representing the Herald, the Malaysian Bar Council through its the then president, Ragunath Kesavan, issued a number of press releases.

One of the press releases called for all to uphold, and accord respect to, judicial decisions.
The pledge to uphold the Federal Constitution and to respect the Rule of Law includes respecting and abiding by judicial decisions. Criticisms are welcomed, but raising questions on the faith of presiding judges are uncalled for.
All judges are qualified to deal with matters before them as each judge takes an oath to defend and uphold the Federal Constitution.

Thus, while the calls to respect the right of parties to seek further redress in a higher court, which right is basic and vital, are legitimate and valid, such calls should also include, if not preceded by, the call to respect and abide by judicial decisions. - October 18, 2013.

*M H Hassan reads The Malaysian Insider.

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