Judiciary must be above politics, or there could be civil war, warns constitutional law expert

March 08, 2014

The judiciary must be above politics or there will be dire consequences, including a civil war as history has shown, warned constitutional law expert Abdul Aziz Bari (pic).

Aziz’s reminder came in the wake of the Court of Appeal decision yesterday which found opposition leader Datuk Seri Anwar Ibrahim guilty of sodomy.

Anwar was sentenced to five years’ jail but the sentenced was stayed pending a final appeal in the Federal Ccourt.

The appellate court yesterday set aside the High Court ruling which acquitted Anwar  following an appeal by Putrajaya.

Anwar’s lawyer Karpal Singh had complained that the appeal was rushed and his client was denied every opportunity to exhaust his appeal to stop Umno lawyer Tan Sri Muhammad Shafee from prosecuting the case in his capacity as deputy public prosecutor.

The verdict was pronounced immediately after two days of proceedings.

The appellate court judges also refused Karpal’s application to adjourn the sentencing date to a week later in order to get Anwar’s medical reports.

“It is a pity that the judges prefer to take the route taken by a former US Supreme Court chief justice Roger Tanney, who was condemned for upholding slavery by using the US constitution in 1865, a decision that triggered the US civil war,” Malaysiakini quoted Aziz as saying in a statement today.

Aziz said the hurried proceedings in Anwar’s case raised various concerns and this was in total contrast when compared to the cautious handling of the Allah case.

In the Allah row, the Federal Court heard parties over whether to grant leave to appeal a Court of Appeal ruling but reserved judgment.

“The court must stay above politics to protect its independence and integrity.

“In Anwar’s case, the court chose not to disassociate itself from a government that has lost its legitimacy to rule, a government that seems unable to play on a level playing field,” he said

Pakatan Rakyat, which has accused Putrajaya of using the courts to surpress the opposition, has vowed to start Reformasi 2.0 in a show of protest against how the sodomy case was conducted.

Karpal, who is the DAP national chairman, is due to be sentenced on Tuesday for sedition against the Sultan of Perak at the height of a political crisis.

The 73-year-old wheelchair-bound lawyer is facing a possible jail term of up to three year or RM5,000 or both.

Lawyers for Liberty (LFL) executive director Eric Paulsen said the Kajang by-election would act as a referendum on the present state of affairs, including the judiciary.

“As judicial reform under the present government is futile, it is hoped voters in Kajang will send the strongest rebuke to the judiciary,” he said. – March 8, 2014.

2 thoughts on “Judiciary must be above politics, or there could be civil war, warns constitutional law expert

  1. re, Kapral had complained that the appealed court was rush ,

    When the the case was at the high court wasn’t the same team keeping on finding way to delayed .
    same same lah.

  2. There is no doubt , I repeat no doubt, that the present regime has not only shown to Malaysia what these schmucks in Umno are good for and also proved that they have indeed got their lackeys well planted in every branch of the nation’s administrations and I might add the judiciary.
    As I have said time again every time when an opposition politician is found not guilty by the lower court or even the Hight Court. Inevitably the verdict will be overturn by the Appeal or the Federal Court ! This is the independence of the judiciary that Najib is talking about. The sacking of the former boss of the judiciary by the egregious Mahathir some years back for decisions the judiciary made were right and fair. Until then the judiciary was truly independent and most of all that was a warning for all especially the civil servants in the country, of what can happen to them if they did not discharge their duty to the liking of Umno. And also if you do what Umno wants and desires you employment will not only be extended by a golden hand shake will be given to you for your retirement. Such as the right to run a toll road !
    When his hand picked successor AB tried to rectify that injustice by compensating the dismissed judiciary boss what he was being denied. Of course the courageous AB may not have realised that must have angered the egregious Mahathir a lot and it was also one of the main reasons why AB was forced to resign as PM.
    From that moment onwards the Malaysian judiciary is no longer an independent body !

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