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10 APRIL 2024

Tuesday, September 26, 2017

Disregarding COA’s ‘bin Abdullah’ ruling a perversion of justice



YOURSAY | ‘We must practice vigilance against infiltration of religion into our justice system.’
Vgeorgemy: Former Federal Court judge Gopal Sri Ram has reminded the public that judges should always take into consideration basic principles of law when making their decisions.
This is in light of the "bin Abdullah" case, in which the Court of Appeal ruled that a child conceived out of wedlock can take on his or her father's surname and that the edict on this by the National Fatwa Committee does not have the force of law.
We know we have taken an oath in the name of God to protect and defend the Constitution and its law before becoming a judge or civil servant. Non-adherence to the oath is a betrayal to the truth and honesty we promised to uphold in the name of God.
This nation has, and had, very good judges and civil servants who are fiercely religious, but delivered judgments and services to the rakyat based on the laws they have taken an oath to protect.
We recognised and celebrated such actions as demonstrating a fear of God and good religious upbringing.
Today we are living in a world of brands. We changed from a value-based way of life to a brand-based way of life. The brands of religion and politics were created to cater to our change in lifestyle.
Thus, we have a new definition for upbringing, or “ajar” in Malay. Bigotry becomes part of our upbringing. We must be vigilant against the infiltration of religion and politics into our administrative and justice system.
Cogito Ergo Sum: The actions of the National Registration Department’s director-general and the subsequent support given by the deputy prime minister point to a constitutional crisis.
It is a perversion of justice and contempt to disregard the ruling of the Court of Appeal. That is common sense.
What Sri Ram says about the quality of judges in the High Court indicates a catastrophic failure in our judicial system. This is one of the main areas that have to be addressed if we are to progress as a nation.
Anonymous #07451242: I do not agree with Sri Ram’s statement about the quality of the judges in the High Court.
We have a three-tier system. If you are not happy, you appeal. After all, the law is man-made and is subjective, and it depends on one’s interpretation.
David Dass: We are a parliamentary democracy. Laws are made by Parliament or the state legislative assemblies when they have the competence to do so. For competence, one looks at the federal list, state lists and the concurrent list which are appendices to the Constitution.
Fatwas do not have the force of law. Former judge Sri Ram states this position clearly and forcefully.
As for the child's name - whatever the circumstances of the child's birthday - the child is entitled to take his or her father’s surname, as the judge points out, due to the protection accorded by Article 8(1).
He or she is entitled to have the names of his parents inserted in his birth certificate. That would make the father responsible for the child.
Anonymous 2411361459930771: This is third world behaviour for you, and yet, we aspire to become a developed nation.
Anyone with half a brain ought to know that in the present situation we are confronted with a wide spectrum of circumstances which impairs us to be visited upon by developed nation status.
If it does, it will only be unreal and a perception only which calls for no celebration. To begin with, we have in our midst racial and religious prejudices and bigotry which are an affront to the status of a developed nation.
Anonyxyz: Our judges are of a very high standard. Don't be surprised that one day our judges can go to the US and teach them laws, just like how we can make the US economy great.
Kleeo: Former Parti Pribumi Bersatu Malaysia (Bersatu) vice-president Hamidah Osman has revealed that she quit the party due to its leaders’ refusal to accept criticism as well as “attacks” from the party’s Youth chief Syed Saddiq Syed Abdul Rahman.
I, for one, am still sceptical about the viability of the nascent party Bersatu, but when someone says, "As a youth who is the same rank (age) as my kids, he should not do such thing" - sorry, but I cannot accept that.
Ideas should live or die on their merits. It doesn't matter if you are young or old, man or woman, a junior or a senior; if you say something dumb, then someone has the right to point that out to you.
If you disagree, then argue with facts, logic and reason.  If you can't do that, then acknowledge your mistake and move on. And if you aren't able to do that, then maybe you shouldn't be a leader.
Anonymous 2460391489930458: How immature of Hamidah to "rank" Syed in terms of seniority.
This is politics, and politicians from the same camp should regard themselves as comrades with the same goals and not expect "respect" from others from the standpoint of age.
Perhaps Hamidah herself is unable to accept criticism from others, including younger people.
Dreaming: What she says is true. Normally an elderly person feels insulted and embarrassed if a young person were to utter unpleasant things.
Maybe the young person should criticise privately and sort things out more amicably. Nevertheless, this is politics. We cannot run away from the truth.

However, one point to remember is that those who resign from or hop parties close to an election date are truly not doing this in the interest of the people. It is a betrayal of the people.- Mkini

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