In spite of the non-astonishing commitments pledged by the 6th Malaysian Prime Minister, YAB Dato’ Seri Najib Razak to take care of the whole citizens of Malaysia impartially and guarantee due rights and freedoms of a Malaysian, the recent development in Perak was extremely assailable. The undesirable chaos in Perak which came into picture since Dato’ Seri Ir. Nizar has been unlawfully terminated to be the Perak Menteri Besar, the situation has never improved.

A day before the Perak Legislative Assembly was scheduled to take place, PAS vice-president, Tn. Hj. Mohamad Sabu has been arrested in a very unethical and unacceptable manner. He was arrested by 10 plainclothes policemen whom were believed had not identified themselves as policemen when arresting Tn Hj. Mohamad Sabu. He was brought to an unknown place and been detained without remand. Only about 20 hours after the arrest, he was known by his friends and families to be in Slim River. With God’s assistance, Magistrate did not grant remand against him.

The Mohamad Sabu’s arrest was just 24 hours after the arrest of BERSIH’s spokesperson Wong Chin Huat. Wong was arrested and detained under Section 4 of Sedition Act – which is believed to be one of the unnecessary draconian acts in Malaysia. More terrifyingly, his 15 supporters who portrayed their supports for Wong were also arrested and detained.

Then, on the 7th of May, many have been put behind bars when they were found around the Perak State Assembly’s compound just because of manifesting their undivided supports towards their leaders, democracy and the notion of constitutionalism. On the night of the same day, 5 advocates and solicitors were then arrested just because of tendering their legal service for culprits.

These series of arrests and detentions which were of politically motivated were very contradictory with the slogan yelled by the Y.A.B PM i.e. “rakyat diutamakan”. A lot of his citizens have been made culprits and accused persons in just 3 days without committing any reasonable offences. Rights have been denied. Freedoms have been barricaded.

Drama inside the Dewan was far more impressing. A Speaker was turned down unethically. Policemen gained their powers inside the Dewan. Manners of our elected leaders were embarrassing. Democracy was diminished. Separation of power was torn off.

Today, Malaysia shall be witnessing how serious Malaysia is in complying the rule of law and other pillars of democracy. High Court of Malaya shall rule out his decision in the landmark case of Ir. Nizar vs. Dr. Zambry. The Court will decide whether or not the termination of Ir. Nizar was constitutional and whether or not the appointment of Dr. Zambry was valid.

We ardently hope that democracy will be given its place again in this country. The concept and understanding of separation of power shall be reinstated. Perhaps, statements made by Laws LJ when deciding the case of R (on appeal of Marchiori) v. The Environment Agency is worth-noted:

“Democracy itself requires that all public powers be lawfully conferred and exercised, and of this the courts are the surety. No matter how grave the policy issues involved, the courts will be alert to see that no use of power exceeds its proper constitutional bounds”.

We are still hoping…

Mohd Faridzul Nasaruddin
President,
Ma'ruf Club 08/09.



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