Matters of opinion that enables me to understand or make some sense of my country- Malaysia

Posts tagged ‘contempt of court’

Which laws does PDRM serves and uphold and enforces?

Return Deepa’s boy, PM’s Dept tells cops
 
June 5, 2014

Nancy Shukri says police should heed court decisions.

seeba300x200PETALING JAYA: The Prime Minister’s Department has urged the police to ensure the return of S Deepa’s abducted son to her home.

Referring to a court decision sanctioning force in taking away the 6-year-old boy from his Muslim father, Minister in the PM’s Department Nancy Shukri told reporters today police should take whatever action would be necessary to reunite the child with his Hindu mother.

“From what I’ve read in the media, Deepa’s ex-husband, who had converted to the Muslim religion, took their son with him after the Seremban High Court had given custody to the mother,” she said.

“The police should take the son away from the father and return him to the mother as the courts have been fair in their verdict.”

On May 27, Izwan Viran Abdullah lost his appeal against the Seremban High Court’s April 27 decision to grant custody of his two children to Deepa following their divorce. The Court of Appeal said police could use force to recover the boy from Izwan.

Nancy would not give a specific comment on last Sunday’s disruption of a Hindu wedding by officials of the Selangor Islamic Department (Jais).

“On the federal government’s side, we cannot be involved and speak on behalf of Selangor state,” she said.

“However, the government is currently working towards resolving religious and child custody issues between parents.

“After two recent meetings of a joint committee, we have identified mediation as a mechanism to resolve legal issues that involve Muslim converts and their former partners who are non-Muslims.

“The details are still being worked out.”

She was referring to a committee set up last

It is chaired by her and Jamil Khir Baharom, another minister in the PM’s Department. Nancy is the de facto Law Minister and Jamil Khir is in charge of religious affairs.

 

 

Sourced: return-deepas-boy-pms-dept-tells-cops

 

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Note:

Nancy Shukri is from PM’s dept, essentially, she is like PM’s mouthpiece ,representing the dept ,and doubt that she will dare to issue statements without consultation.and clearance from her immediate boss. .Najib will have her head,if she goes above his head,.

Meaning occasionally, glimpses of sanity can be detected from our PM.( Phantom Minister)

But at least it is a postive that gives a sense of relief that not all is madness.

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Which Laws does the PDRM serves and upholds / enforces? And protects civil society from? 

 

The IGP has been dragging his feet on this, reluctant to be caught between shariah court, seemingly siding with the muslim father but civil court’s ruling giving custody to the mother, but  father,  when he had chance goes and snatches the son from mother’s house, even slightly injuring mother in the process. .

.and despite clearcut contempt of court. and laws broken,

IGP says, as if he was siding with religious court instead of enforcing laws of civil society.,

saying ,no laws were broken, no need police action. father doesn;t kidnap his own child.

So, it ll be interesting to note his reaction on this statement.

Probably he ll just delegate the task to a subordinate officer and stay clear lest he shoots himself in the foot.Or will he ,as usual, be a politician more than the head of  law enforcement of the country.

Yet his inaction on this matter , as was the statements he made in relation to it,  was really irresponsible and biased, according to public perception.

Causing the public to wonder , if  PDRM serves ,protects and enforces the laws of the land based on the constitution

and they are duty bound to judgments from the civil courts or can they act as judge jury and lawyer as well..?

Isn’ t it their role to back up the judiciary, their authority is to uphold the court’s judgments and not within their scope to question ?

For  is it their role to be selective on upholding which rulings of the civil courts and are allowed to interpret it differently? .

which ruling to enforce and  uphold.

And decide which to take action and which ruling doesn’t require pursuing.

Isn’t that for the courts , the judiciary?

And  the PDRM plays the role of enforcer and to uphold the judgments and hence the sanctified laws of the land.

Let politicians play the political game.

No fear and favor.the  constitution is the highest law of the land encompassing all the people.Across the etnhic/religo boundaries.

All are beholden to the laws of the land.

And let the lawyers thrash it out,whether shariah or civil.  Meantime, if laws are broken or sanctity of the court’s judgement is held in contempt.

Then the role of PDRM is clear cut.

Or is it not??

 

Who is going Rogue,? The institution or the one in charge?

 

As it is now, the Extremist seem to have intimidated the PDRM and got the institution unsure as to what to do,and the limitations of their authority.

Reluctant to offend them , or playing politics instead of policing and law enforcing , if the inaction on clear cut contempt of court rulings(civil courts,that is ) are any indication,

of the message being broadcasted.

It  is not a very positive vote of confidence on the prospects of the trajectory of our Malaysian society overall,  based on law and order, laws  that our founding fore fathers wrote into the sacred constitution, and acknowledged  as the highest authority of all.

It must be noted that, although only certain individuals are involved in the judgement/ruling  of the civil court regarding this child custody case,

but the importance and significance of the response of our enforcement agencies and goverment  transcends all and .

(A positive note has been issued by the PM’s department and MCA. indicating emphasis on the secular laws of the constitution ,should be respected and upheld).

The significance of the actions/inaction  of  enforcement is the overriding crucial message being sent to the entire country. It is setting a  precedent or tone of what to expect in future cases with similar backdrop.

So , is this a foreboding of the deteriorating state of respect for the civil/secular laws of the land ?

 

 

Legislators debate and set laws, politicians play politics. lawyers argue the laws and judges pass rulings or judgements and police upholds and enforces court’s rulings and backs up the judiciary.

Isn’t that how a functioning democracy, even taking into account  flaws and abuses,  should be ?

All institutions with distinct roles , duties and authority,  that should not overlap.

The crucial dimension that has being overlooked by the Malaysian public, ..
they seemed to have  missed the importance or significance of the action/inaction of our law enforcement institution.

Procrastinating on their role to uphold and enforce  laws onto a clear cut “contempt of court” action , because of a  reluctance to offend the religious segment and play politics, conveniently ignoring their law enforcement role.

Instead of letting lawyers thrash it out in the shariah/civil courts,and the presiding judges to give judgment.

They seem to have decided to do their own interpretation and course of action.

 

It ought to be  a point for serious concern for our lawmakers.

For this  message sent to the entire country , setting a precedent or tone of what to expect from our Malaysian law enforcement institution ,

in future cases with similar backdrop involving religious affairs.
Is this a foreboding of the deteriorating state of respect for the civil/secular laws of the land ?

And every decent law abiding  Malaysian ,  who are convinced that we are governed by the  sacred secular constitutional laws written by our founding fathers of this nation , will be very concerned indeed.because this message will shake  their faith and sense of security provided by the laws.

Bryanbb

 

Remember the legend of the brave Dutch boy who prevented a catastrophe to his community by his quick thinking and self-sacrifice.

Who had to stay there for days without food and water ,  till someone eventually came by ,  discovered his plight and the dire potentially disastrous situation

and went to get help.

The Brave Dutch boy  legend. who on his way to school,  noticed a slight leak in the dyke , breached by the sea-water that began to slowly  trickled in through a small hole.

And  the only thing to do was to poke his finger into the hole and so stemmed the flow of water

otherwise the small trickle of water will slowly get stronger and becomes a stream that will also gets more powerful and develop into a torrent

that  smashes the dyke and a flood rushes in that can wipe all in its path. drowning all  before it in a wave of destruction ,

.( as it is commonly known that many coastal  lands in the Netherlands are below sea water level protected by the barriers of the dykes that holds out the water)

The brave boy had to stay in that position for a very very long time , suffering hunger and thirst ,  until  eventually a passerby

saw him and  went to get help . And the dyke was  repaired the leak sealed .

And the brave Dutch boy had ultimately helped  to  avert a terrible tragic disaster to his people!

“Moral of the story  act quickly and in time, recognizing that even the smallest or pettiest of events , seemingly insignificant ,may develop into something of mammoth proportions if unchecked, that could have devastating  ramification on  society/communities/ nation .

Even when one has  limited strength and resources for it may avoid or prevent  catastrophe”.

 

Ibrahim Ali is now a bona fide convicted criminal

Ibrahim Ali Jailed for Contempt of Court.

Perkasa president Datuk Ibrahim Ali (pic) and a blogger, Zainuddin Salleh, were held in contempt by the Kuala Lumpur High Court today. Ibrahim was sentenced to a day’s jail and fined RM20,000. The blogger was jailed four weeks by judge John Louis O’Hara.

This was over an article by the blogger, published in the Perkasa website, which had allegedly tarnished the image of High Court judge Datuk V.T. Singham.

Singham had presided over Datuk Seri Anwar Ibrahim’s defamation suit against Utusan Melayu (Malaysia) Bhd and its editor-in-chief, Abdul Aziz Ishak. – November 19, 2013.

full news article : the malaysian insider.com/ibrahim-ali-blogger-guilty-of-contempt

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After reading this news , my first response was breaking into a  guffaw then my facial expresssion broke out into a cheeky contented smirk on my face that lasted for an hour or so.

Don’t wish to be  mean but kept thinking , well now , despite for Uncle Ib to be jailed for merely a day but with a hefty rm20,000 fine ..The notorious Ibrahim Ali infamy is catching  up with him.

And the poor blogger who was charged together with him got 4 weeks.. Hey..! Foul Play …Not fair. where is the referee when he is needed to blow the whistle!.

Ibrahim Ali is now a bona fide  convicted criminal with a criminal record. Contempt of court is a serious affair not to be taken lightly or considered  a mis-demeanour offense.

Also the Perkasa organization may be seen as a criminal enterprise for aiding and abetting Uncle IB in the commiting of this law breaking..

Purely semantics !  But still a bit of sadistic pleasure can be derived from playing with the terms because they are semantically implied.

Although i suspect many in the public will feel merely a one day jail sentence  is being too easy on him.  I am sure many will rather have him sent inside , then throw away the jail key and then weld the jail permanently shut to ensure he stays there..?

Mr. Ali should consider himself fortunate that his  past infractions and inflammatory remarks of threatening to burn  bibles plus other highly racist remarks and seditious statements is not being called to account..

Otherwise , he really will be locked away for a longer time and we will no longer be able to enjoy the dis-pleasure of his presence and spiteful remarks and antics.

Or maybe they will get to like him and his personality so much that they decide to extend his stay inside., I am positive nobody will object to his overextended stay in the big  house..

Luckily it is just one day for the  many already serving their time  repaying their dues  to society, imagine if  Ibrahim Ali is forced onto them.  We will have Perkasa perkosa the already imprisoned and mental torture their mindsets.

Because undeniably , Ibrahim Ali has personally worked so hard to create the current persona ,  that so many loves to hate.!

But still , it is not the duration of the jail time he was sentenced but the fact that,the great  Ibrahim Ali now actually has a criminal record and is a convicted criminal for encouraging racism, or at least endorsing it for allowing the spiteful article to be published in perkasa website.

Imagine a caricatured  picture of him being processed by the system, mug shots and all, striped jail uniform , jail bars in front of his body , a pathetic expression on his face holding on to a bath gayong and a plastic drinking mug he is rationed to have in jail..must confess, a vision i find  a bit perversely gleefully satisfying.

Satirical caricature cartoonist will have a field day if they decide to use it as a subject..

Ibrahim Ali and the word criminal , – with full intent to be mean – , this 2 words do seem to fit so well like a match made in heaven..

Well , the rabble rousing racist now has a felony record which is a  blotch that is not going to look so good on his C.V. And if the Malaysian public will have their design, he is going to put up with a lot of crap coming his way with this stain.

He will not  be allowed to rest easy ,not when the public has this to use back at him.

Like his Datukship title.. Can a convicted felon have a title ?If it is accurate , lawbreakers / having a criminal record, can be stripped of their titles and of course are disqualified from running for any public office that is elected.

So , if that is valid then there is a price to pay afterall for  “Ibby” the  frog man Ali .

He should consider himself lucky he was not elected MP and lost in the elections , coz he will be thrown out of parliment..

Many implications can be inferred in as  consequences ,  if others want to make life miserable for him by using this conviction against him..lawbreakers (of course meaning those who are not smart enough and get convicted  ,not those who managed to evade the law) and possession of a criminal record and Politics do not mix well… not oil and water but more like food coloring and clear  water , those on the supposedly clear  side cannot afford to be polluted by the colorful properties and risk having their own  true colors  exposed.

The thing about IbrahimAli..

The contempt for court shown by Ibrahim Ali is nothing if compared to the contempt of so many people for the names Perkasa and chiefly  Ibrahim  Ali  and the perceived personality behind it.. He has been very successful indeed in creating himself to be the person many LOVES to HATE..

What drives a man to intentionally offer himself to be either hated or admired to extremes ,no middle neutral ground , either this peak or the other ? Money , ambition , power , greed, may have something to do with it, i suspect the last thing will be him actually believing in his own racist rhetoric of supremacy  or discrimination against his racial community that he is championing..

Bryanbb

 

Ibby our Malaysian racist froggie has been freed and on the loose  to terrorise our sentiments again.

Datuk Ibrahim Ali spent a day in the Kuala Lumpur Court complex holding area as part of his one-day jail sentence and later declared that the court had wrongfully held him in contempt.

The Perkasa chief was released at the end of the working day. He then paid his RM20,000 fine.

He insisted he had never acted in contempt, saying that he was not responsible for the article posted on his group’s website that had purportedly scandalised a judge and the court system.

sourced :  ibrahim-ali-free-after-serving-his-one-day-in-jail

 

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REASON for  the contempt proceedings is because of :

An article published on the Perkasa website questions Justice VT Singham’s political leanings and casts aspersion on his sexual orientation.

PETALING JAYA: An article published on the Perkasa website launches a scathing salvo against High Court Judge VT Singham, who is presiding over Anwar Ibrahim’s defamation suit against Utusan Malaysia.

Among others, it cast aspersion on the judge’s sexual orientation, political leanings as well as his past judgments.

Singham is scheduled to deliver his verdict on the RM50 million suit on Jan 22, and the writer believes that it would favour the opposition leader.

“Singham is known to lean towards the opposition. According to observers, when there are cases involving politicians, he would ensure a victory for the opposition,” read the article.

As an example, the writer said in 2011, the judge rejected the application by Home Minister Hishammuddin Hussein to strike out certain parts in Anwar’s defence statement pertaining to a suit over a sex video.

Singham had also ordered Hishammuddin to pay RM25,000 in cost to Anwar.

“The home minister filed a suit against Anwar over the opposition leader’s statements to the media… where he accused Hishammuddin of being responsible for showing the video to a group of editors and reporters, organising the screening and being part of a plot involving the prime minister and the police top brass.

“These accusations did not make sense because those who were responsible [for exposing the video] did not conceal their identities. That is why there are doubts about Singham.”

full article: -scathing-attack-on-judge/

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