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Sakmongkol ak 47

Thursday 27 January 2022

The Judiciary As Vanguard To democracy.

1. The lady chief justice insists that the judiciary is free from political interference. We are indeed comforted by that. Hopefully the person remains chief and not cheap justice. All judges must be stout defenders of justice.

2. Wasn't it also one lord chief justice, Lord Hewart who said that justice must not only be done but must be seen to be done? R vs Sussex judges.

3. Therefore, we want to actually see our judiciary repel vehemently any kind of unusual interference of from anybody from within and without.

4. The statement from Lord Hewart was an orbiter dictum. But nevertheless a persuasive one. Which ought to be taken to heart by our own judges and legal practitioners.

5. The statement by our own chief justice was not even orbiter. It wasn't said within the confines of a court.

6. It was said in the public sphere and therefore has a wider audience. So A fortiori, it is a very persuasive statement which ought to be taken to heart by all in the legal fraternity.

7. In compliance with our CJs requirement, two things must happen. One, the judges who sit at the appeal bench, if a case is appealed, must not be comprised of impressionable, malleable, susceptible and ripe for the picking individuals.

8. The prosecuting lawyers must be the ferocious pursuers of justice, not half past six legal graduates.

9. In my mind, both judges and prosecuting lawyers ought to have the Amritrao mentality-that character in EM Foster's A Passage To India.

10. Not in the sense of being xenophobic and blindly anti everyone, but a mentality of not easily cowed by anyone including a queens counsel.

11. In 1 scene I remember the prosecuting officer supt. Mcbride, saying it's an axiom that the darker skinned people always feel inferior to the fairer skinned people. Such that a sexual conquest of the former over the latter is considered a triumph.

12. To which Amritrao replied cooly, even when the Caucasian is ugly?

13. The pursuers of justice must jealously guard the independence. Of the judiciary. They must be ferocious and ever ready to mix it up in court.

14. Perhaps they ought to drink copious amounts of coffee. This I mentioned, as a result of an anecdotal lesson I had. I once met. Paramcumaraswamy. He served me coffe and said. U mesti minum banyak coffee. Kasi garang.

15. The ever readiness to slug it out in court came from the late Karpal Singh, who said. If in court, anytime and anywhere.

16. The judiciary must always be vigilant in safeguarding democracy. As all power is derived from the people, the judiciary must at all times guard it from being assaulted by anyone.

17. I end this short article with the following article authored by a person learned in this field.

Mohd Ariff Sabri bin Hj Abdul Aziz
Mantan Adun Pulau Manis(umno)/oomno
Mantan ahli Parlimen Raub(DAP)/da-ap


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