Haniff Khatri
ڤنداڠن بادن ڤڬوام مليسيا برهوبوڠ ساڬ ‘مليسيا تودي ۏس حاكيم نازلن’ تق بڬيتو تڤت
Wahai Rakyat Malaysia yang prihatin,
AsSalamualaikum dan Salaam Sejahtera :
1. On 25.04.2022., THE MALAYSIAN INSIGHT article titled “Bar says MACC probe into judge Nazlan undermines judiciary” reported :
“THE Malaysian Anti-Corruption Commission’s (MACC) investigation into Court of Appeal judge Mohd Nazlan Mohd Ghazali based on a blog allegation undermines judicial independence and the rule of law, said the Malaysian Bar.
Bar president Karen Cheah said it is unconstitutional and creates a climate of fear and intimidation.”
SENTIASA IKUTI PERKEMBANGAN POLITIK TERKINI MENERUSI www.thethirdforce.net
2. It is NOT my practice to differ with the opinion of fellow members of the MALAYSIAN BAR in public domain, but every general rule must have it’s own justifiable exceptions, and one exception is the proper narration of the concept of the RULE OF LAW in the spirit and intent of our Constitution, for the benefit of a proper understanding by the members of the general public.
3. Hence, as a practicing lawyer, i am constrained to humbly beg to differ with that statement of the MALAYSIAN BAR, for reasons as explained hereinafter :
i. Every case has it’s own facts.
ii. In our case herein, on 21st April 2022, HAKIM NAZLAN himself lodged a police report for the allegations in the MALAYSIA TODAY report of 20th April 2022, to be investigated.
iii. In fact that was an HONORABLE and CORRECT action taken by the sitting Judge.
iv. POLICE, and NOT SPRM, must first investigate if that earlier MALAYSIA TODAY report “had any legal basis to prompt a formal investigation against the Judge”.
v. If there is no basis to start of with, or to justify the MALAYSIA TODAY report, then a proper investigation can be taken against MALAYSIA TODAY @ RPK under Section 500 Penal Code, through the cooperation between our AGC and the UK AGC as well as the necessary enforcement authorities using MLA and INTERPOL to bring RPK back through extradition to face charges here, in Malaysia.
vi. If the initial scrutiny by our POLICE finds there is some legal basis on the contents of the MALAYSIA TODAY report, ONLY THEN, SPRM is justified “to OPEN” the investigation papers against that sitting Judge on the allegations of committing offence/offences under our SPRM ACT.
vii. Bar Council’s view on setting up of a Tribunal under Articke 125 of our Constitution is quite misplaced, since the forming of any Judicial Tribunal is only towards breaches of conduct or ethics by a Judge, nowadays found in JUDGE’S CODE OF ETHICS 2009, and towards his/her removal only, and is not to bring a criminal charge through a Judicial Tribunal, as opposed to a proper court of law.
viii. Let us not forget, even Their Majesty’s YDPA/MRR are not above the law, criminal law especially, what more JUDGES !
ix. The Bar and the Opposition Leaders may have been swayed in rendering their statements out of their subjective concern to protect “Najib’s SRC Conviction”, and may not necessarily be an objective evaluation on the concept of RULE OF LAW.
x. As far as the Najib’s SRC conviction is concerned, that must also, always be subject to the strict compliance to the Rule of Law, and that too is best left for the courts to decide.
WITHOUT FEAR OR FAVOR!!!
DEMI AGAMA DAN NEGARA TERCINTA!!!
WAJIB TONTON:
