The Malaysian Insider | March 4, 2009
IPOH, March 4 — With his term as judicial commissioner ending February 28, the Perak constitutional crisis has taken another twist with the question whether Ridwan Ibrahim was eligible to hear or grant a restraining order against state speaker V Sivakumar yesterday.
The Ipoh-based judicial commissioner was first appointed on March 1, 2007 to a two year term which ended last Saturday. It is not known if his term of office has been extended as the newly-minted Judicial Appointments Commission (JAC) has yet to meet.
Unlike judges who have full tenure, judicial commissioners get two-year contracts under Article 122AB of the Federal Constitution and can sit to hear cases in the High Court.
A legal source said the judicial commissioners used to get extensions but now have to apply to the JAC for consideration as high court judges.
“I am not sure about Ridwan’s status but the JAC can easily extend his appointment retrospectively like in the past,” the source told The Malaysian Insider.
Ridwan’s status, unless confirmed, could be another contentious point in the protracted Perak political impasse turned constitutional crisis as Pakatan Rakyat’s Datuk Seri Nizar Jamaluddin claims he is still Menteri Besar although the Perak palace has appointed Datuk Dr Zambry Abdul Kadir last Feb 5 when three government lawmakers turned independent.
Both Pakatan Rakyat and Barisan Nasional have 28 members each in the 59-seat state assembly, making the three independents a decisive force. Lawsuits from both sides have muddied the issue which is now tied up in legal process. Earlier, judicial commissioner Mohamad Ariff Yusof had recused himself in Kuala Lumpur to hear Nizar’s suit challenging the validity of Zambry’s appointment.
The legal source said the matter could be clarified when the JAC finally meets. “We don’t even know where and when they are going to meet, their staffing and other issues. They could meet under a tree,” he quipped, referring to the Perak assembly meeting under a rain tree in Ipoh.
Ridwan, who disqualified Sivakumar’s private lawyers yesterday in favour of state lawyer Zulkairnan Hassan, issued a restraining order against the Perak speaker from convening meetings “purporting to be meetings of the Perak legislative assembly”, after accepting arguments that the immunity from judicial review stated in the federal constitution was only for proceedings in the state assembly.
The order for an indefinite period of time was granted at 5pm under Section 44 of the Specific Relief Act which grants the court the power to make orders to a public official.
The order came hours after Sivakumar convened a meeting under a raintree 200 metres from the state legislative assembly building that was locked by order of the State Secretary and cordoned off by a phalanx of riot police armed with shields and water cannons.
A hearing date will be set by the court on March 5, which is also the day that the three independents who left Pakatan Rakyat and now support Barisan Nasional, will go to court to quash the speaker’s decision to consider their state assembly seats vacant.
The order, which was extracted from the Ipoh high court today, reads: “It is hereby ordered that the 1st Defendent, YB Encik Sivakumar A/L Varatharaju Naidu is restraint from convening any unlawful meetings purporting it to be a meeting of the Perak State Legislative Assembly.”
It concludes with “If you, the within-named YB Encik Sivakumar A/L Varatharaju Naidu disobey this Order, you will be liable to process of execution for the purpose of compelling you to obey the same.”
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“…any unlawful meeting….”
dan bukannya
“…..any meeting…”
kesimpulannya :
jadi boleh bersidang lagi, buatlah seberapa banyak persidangan tergempar
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haisara Reply:
March 5th, 2009 at 2:39 pm
Betul dan setuju. Nampak makin mengelabah BN. Hakim pun dah habis contract. Kelam kabut semua tindakan UMNO. Usul tindakan polis terhadap ADUN Pakatan di Perak yang diusulkan di Parlimen diharapkan dapat kelulusan. Bacul parlimen kalaw tak diluluskan dan suruh Si Hamid stammered lagi dengan alasan budak darjah satu.
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This article is contributed by KellyvilleAce, currently residing in Australia
This is just a gentle reminder to ALL PERAKIANS. The bushfires in Australia is still raging and so should the fire in the Silver State. Our Prime Minister has stated that all those found guilty of having started these “bush fires” should be left to rot in jail. I just hope your own PM agrees. They are of the same intellect aren’t they?
In case you have not yet come across this article emailed to me, this is hopefully another wake up call. I only disagreed with the subject title. It should have been more appropriately labeled, 4 FROGS and 1 BIG FAT TOAD! Here is what I just received: Actually there are 5 FROGS.
According to sources from MCA that the PAY off is financed by some rich Chinese businessman in Perak. Probably, Najib approached these rich Chinese Business man to do the needful for him.
The First – Two frogs, were 1) Mohd Osman and 2) Jamaluddin Mohd Radzi – (he is greedier than the rest). These two got RM1 – RM2 million each. ( melayu tiada harga cheep sale )3) Hee Yit Foong – She got the most RM10 million. Well her days are numbered! Her husband is a business man in Jelapang worth RM1.5million. 4) Nasharuddin Hashim – probably got only a few millions. His political career – will be his last term in office, if he ever serves the constituency again. 5) The 5th FROG is the ruler of Perak – He also received a few million cash more than the rest of the FROGS except not more than RM4.0 million. (If the ruler of Perak decides to dissolve the State Assembly he gets nothing from UMNO).
Further the ruler of Perak through his private vehicle companies will receive some major contracts from the Federal Government.
With the new incoming state government of Perak, it can pay up RM300 million (which is funded by the federal Government) to kick start the WEST COAST highway. KEURO is the concessionaire. The stakeholders are the Selangor state government who has to fork out RM300 million, the Perak state government also has to come up with RM300 million and the balance RM400 million will be from KEURO. (IJM Berhad is a major shareholder wanting to secure the WEST COAST highway – to make money) the deadline to fulfill this entire financial obligation is MARCH 2009. Read The Edge magazine that was on sale Saturday 31st January 2009.
If you guys can recall or remember during the SABAH crisis Mustapha (who was then the opposition against BN) went to the SABAH ISTANA to be sworn in as the Chief Minister (at 4 or 5 am) and lay claim of it. Azlan Shah was the Agung; Mahathir was the then Prime Minister paid every ruler of the states 100,000 shares of Tenaga to entice these rulers and Agung to get their support to bring down Mustapaha. Later some of the Sabah state assemblymen defected to form the BN state government in Sabah.
Azlan Shah and his family then controlled GAMUDA. Later when Azlan Shah retired as Agung, Gamuda received many projects and now his daughter is one of the biggest shareholders of the company.
WELL the Power Grab is all about MONEY. Najib wants POWER and fame. He has the money, if you can remember US$300 million commission from the Submarine deal. ALTANTUYA. Easily spent RM20 million or as little as US$5 million to settle all the 5 FROGS of PERAK.
Kalau tuan pergi ke kangar
Belikan saya sebotol bedak
Rakyat tanya buat tak dengar
Itulah dia si pekak badak
Sampan berakit ke hujung hulu
Dayung tersngkut di celah akar
Baru kini rakyat dah tahu
Segala rahsia sudah terbongkar
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its so obvious that the jcis partial? where did he do law? its high time to derecognise the low quality graduates
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Ridwan Ibrahim, the Ipoh-based judicial commissioner is nothing but, a glorified office boy…serving the interests of his political masters. If his decisions against the opposition are so obvious, why even bother to establish such a Commission (JAC), is’nt this a waste of taxpayers’ money and bring shame to the nation.
Malaysia is moving towards a Dictatorial Rule and UMNO goons are treating the Federal Constitutions like a piece of toilet paper.
Sadly, the voices from intellects and statesmen, the present and past have remained deafeningly silent…leaving the helpless to fight and keep democracy alive…what a blooming disgrace!
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Whatever We do is correct and whatever you do is wrong.
We all graduated in BelakangLaw from University of Belakangmati in Bolihland.
Just do it and belakang kira.
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Sementara di Perak BN mengujudkan keadaan yang tidak menentu dengan mengambil alih pentadbiran secara haram, di Pahang semua ceramah politik diharamkan oleh Polis. Tidak ada sebab diberikan, tetapi Polis Pahang mengharamkan semua ceramah.
Nampaknya, makin rapat BN menggunakan polis. Polis sudah menjadi alat kepada UMNO/BN dan ini menandakankan bahawa masa untuk UMNO?BN bernafas sudah berakhir.
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Punyalah gelabah, Yg Arif Hakim pun tak sedar dia dah tamat kontrak. Tamat kontrak maknanya tak ada authority lah. Nanti..nanti..mungkin selepas ini dapat surat yg telah di backdated kan kot?
Jika segala rekod kemasukan Alantuya ke Malaysia boleh dipadamkan maknanya kes tamat kontrak ni perkara kecil yg boleh disiapkan malam ni kot. Kita dengar apa penjelasan esok?
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which ever judge can precide but the judgement is going to be he same. bn will definately win, cause we dont have the independence of the judiciary. it is self made, and it is made by bn.
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