Wednesday, October 31, 2007
Tuesday, October 30, 2007
IS THERE A STAND-OFF BETWEEN EXECUTIVE AND MALAY RULERS?
The 14th Malaysian Law Conference was held in Kuala Lumpur today, after months of planning and protocol arrangement. However, people attending the conference could sense that there was a shroud of of uneasiness between the Prime Minister and the the Malay rulers.
As it is, the opening ceremony this morning was a function attended by the Sultan but the Prime Minister was said to have made an 11th hour decision to absent himself.
According to Star's Shaila Koshy, the Bar Council's biennial Malaysian Law Conference was supposed to have struck two firsts: a ruler who is a former head of the judiciary himself, and the head of government will attend the conference together.
Protocol arrangement has earlier confirmed that Sultan of Perak and former Lord President, Sultan Azlan Shah, will open the conference and give a short speech, while Prime Minister Abdullah Ahmad Badawi will deliver the keynote address.
Abdullah sent in his court jester instead.
Shooting down various proposals raised by Malaysian Bar Council, de facto law minister Nazri Abdul Aziz said the erosion of public confidence in the judiciary is a matter of perception by the lawyers, who he termed as minority group of the country.
However, Sultan Azlan Shah, who declared open the conference, said public perception of the judiciary ultimately matters. (Read the Sultan's full speech here.)
Nazri is a subject of Perak, where Sultan Azlan Shah is the incumbent ruler.
"The principle quality that the judiciary must possess is impartiality. It means that judges are not only free from influence of external forces but also of one another," he said.
The former Lord President had the delegates in stitches when he mistakenly said "there are good lawyers and bad judges" when he meant "bad lawyers" before smiling and correcting his error.
He also said that judges should resist socialising with business personages and other well-connected people.
He added that it is time for the country to undertake major reforms in its commercial court structure and procedures to compete with other countries.
Meanwhile, Malaysiakini also reported that Prime Minister Abdullah Ahmad Badawi cancelled his appearance at the opening ceremony at the eleventh hour to officiate the East Coast Economic Region (ECER) today.
However, he is to make up by reading his keynote address at a dinner hosted by him for conference participants tonight.
The three-day conference is themed: '50 Years of Independence'. Topics covered include issues related to the Federal Constitution, the country's legal system after 50 years, the rights of the stateless and indigenous people, freedom of expression in arts, freedom of information, and the role of Asean in Burma.
Read more and its comments @ http://malaysia-today.net/blog2006/index.php?itemid=9598
KUALA LUMPUR (Oct 30, 2007): To understand the role of the Malaysian Bar, its president Ambiga Sreenevasan last night quoted C.J. Bhagwati:
This resurgence is important as we see the rule of law coming under attack in nations around the world. In the words of Matin Luther King, ‘Injustice anywhere is a threat to justice everywhere.’
Interestingly, two out of the five principles of our Rukunegara refer to the Law. They are,
• Keluhuran Perlembagaan (i.e. supremacy of the Constitution) and
• Kedaulatan Undang-Undang (i.e. the Rule of Law)
That we are a society that is grounded in the rule of law can therefore not be denied.
A. The Rule of Law
So what is this concept of the Rule of Law? Simply put, it means that no-one is above the law including the government. This is unlike in the case of Rule by law where the law is an instrument of the government and the government is above the law. The rule of law is built upon two essential components.
1) The Submission of all to the Law.
2) The Doctrine of Separation of powers.
Some of the indicators that the Rule of Law operates and functions well in a society are :-
- An independent and impartial judiciary.
- Adherence to the principle that there must be equality before the Law
- The existence of a strong and independent legal profession.
- Speedy Access to justice for all
- The operation of the presumption of innocence
- The right to a fair and public trial
B. An Independent and Impartial Judiciary
Of all the institutions in a democratic nation, the most vital is that of the Judiciary. It is the Judiciary that breathes life into the cold print of the Federal Constitution making meaningful all those guarantees promised to the citizens. It is the Judiciary that enlivens the spirit of the Constitution. It is the Judiciary that upholds the rule of law. It is to the Judiciary that an individual or a mighty corporation turns in seeking to protect and enforce their rights before a fair and impartial arbiter. The Government and the Bar are in agreement that a strong, independent and impartial Judiciary is critical to our progress as a nation. Recently we have seen the credibility of the Judiciary being brought into question and our system of appointments and promotions being brought under scrutiny. We have consistently called for the setting up of a Judicial Appointments Commission and I repeat that call. But that is not all. There is an issue of public confidence that we must address. Public confidence is a fragile commodity.
I quote the late Tun Mohd Suffian, the former Lord President when he said :-
"It is not enough for Government to have confidence in the judiciary if the public does not. It is not enough for courts only to go through the motion of trial. It is not enough if justice seems to be done if in fact justice has not been done."
The 1988 Judicial Crisis and many subsequent events did much to erode public confidence in the Institution of the Judiciary. It is therefore important for a process of truth and reconciliation to take place in this regard. This powerful process allows all those involved to confront the truth of what took place and to then move on. The Truth and Reconciliation Commission in South Africa is testament to the empowering nature of this process.
In a study done approximately 2 years ago the World Bank recognised a direct correlation between the rule of law and economic development. The study found that the skills of its people and the value of institutions (as measured by the rule of law) were what made nations rich. In short strong institutions and the rule of law are good for investment. In a nation like ours with aspirations to a first world economy, the administration of justice is key. Apart from some obvious signs, as lawyers, we see subtle signs of the erosion of public confidence in the increase in the number of clauses in contracts that stipulate arbitration outside the jurisdiction in the event of disputes.
Judicial reform is taking place all over the world, even in societies that have a mature legal system as it is recognised that the Judiciary must be ready to meet the challenges of today’s world.
The Judiciary must of course play its part in zealously and jealously defending the rule of law and upholding the doctrine of the separation of powers. In Pakistan recently, the Judiciary rose to the occasion when they successfully defended the rule of law in the episode concerning their Chief Justice. The desire for independence must therefore also come from within. Self-emasculating decisions by the Courts who too easily or unnecessarily surrender or abdicate their powers must be avoided.
Independent institutions are not a sign of weakness of the government but a sign of its strength. Finally, when all is said and done, the upholding of the Federal constitution, the framework of the Nation, and democratic principles are only as good as the institutions provided for under the Federal Constitution. As such, there is a perennial need to maintain and strengthen such institutions.
C. Amending Oppressive Laws
The Bar Council takes the position that laws relating to detention without trial must be repealed in keeping with the country’s pledge to uphold the universal values in all aspects of national development, and for the promotion of the rule of law and international human rights standards. The power of detention without trial remains an exception to the norms of any fair, just equitable and democratic society.
There are also currently 4 proclamations of emergency which have yet to be annulled. The Emergency (Public Order and Prevention of Crime) Ordinance was brought into force 37 years ago to deal with a specific violent situation - the racial riots of 1969; a situation which no longer exits. Yet the Ordinance is still being used. The Bar Council calls for the revoking of the proclamations of emergency and a repeal of the emergency ordinances.
Other legislation that requires serious review due to the passage of time and their having outlived their use are the Printing Presses and Publications Act (PPPA), and the Sedition Act. We live in the age of the Internet now. There is little point in controlling the press if it only means that the news will easily find its way into cyberspace. We acknowledge however that there has been an increase in the democratic space in this country but a review of some of these archaic legislation will help to formalise this move.
We need to be equally over-zealous to fight for the independence of the Bar. To those who said "hands off the judiciary" I add "hands off the Bar".
and more .....
read it at http://www.sun2surf.com/article.cfm?id=19811
Nazri shoots down Bar's views at law confab : http://www.malaysianbar.org.my/content/view/11881/2/
PM: Bar must be responsible for actions http://www.sun2surf.com/article.cfm?id=19802
Sultan Azlan Shah calls for judicial reform : http://www.nst.com.my/Current_News/NST/Tuesday/National/20071030095703/Article/index_html
Monday, October 29, 2007
Jesus and Satan were having an on-going argument about who was better on the computer. They had been going at it for days, and frankly God was tired of hearing all the bickering.Finally fed up, God said, "THAT'S IT! I have had enough. I am going to set up a test that will run for two hours, and from those results, I will judge who does the better job."So Satan and Jesus sat down at the keyboards and typed away.They moused.They faxed.They e-mailed.They e-mailed with attachments.They downloaded.They did spreadsheets! .They wrote reports.They created labels and cards.They created charts and graphs.They did some genealogy reports
They did every job known to man.Jesus worked with heavenly efficiency and Satan was faster than hell.Then, ten minutes before their time was up, lightning suddenly flashed across the sky, thunder rolled, rain poured, and, of course, the power went off.Satan stared at his blank screen and screamed every curseword known in the underworld.Jesus just sighed.Finally the electricity came back on, and each of them restarted their computers.Satan started searching frantically, screaming: "It's gone! It's all GONE! I lost everything when the power went out!"Meanwhile, Jesus quietly started printing out all of his files from the past two hours of work.Satan observed this and became irate."Wait!" he screamed.
"That's not fair! He cheated! How come he has all his work and I don't have any?"God just shrugged and said,
A beautiful and happy lady.......with all smiles ... the picture is my wall paper.
Chopta is on the 2nd route to Badrinath from Kedarnath (via Gopeshwar), seldom used and not a very safe route. But it is beautiful view. Chopta is located at 2900m (9,514feet) altitude. the place is also called mini Switzerland (2nd Switzerland is Darjelling in Assam). During winter this will be a skiing resort. During the travel the higest point we reached in the hills was 5880m (19,300feet) altitude.
Saturday, October 27, 2007
Buffalo bath ...(mandi kerbau) a fresh water from the melting glacier .....
Near to Chopta .....
Thursday, October 25, 2007
If you see my profile, I said my fave movie is POWDER. I am sure many would have laughed if there is such a movie called POWDER. And would have assumed it could be a funny movie or some laughing thing.
But if you really see it and follow word by word and merge with the role of "POWDER" and what he feels and experience, at the end I bet you will cry! You can see the last part on this clip.
I am not sure if you can anywhere get the movie in VIDEO/CD rental or if you can buy it. But I was lucky to get one at Bangsar MPH and I have safe keep it.
Today I saw the clip that was presented at my friends blog ...... made me happy I can share it with you. And I also notice there are many in this world like the movie (click the title "powder" in my profile or click here on the word powder)
Wednesday, October 24, 2007
This (one of the 12 Jothylingam) Shiva Temple was said to be build during Pandavas time (Mahabaratham). This is the Kedarnath Temple.
A sathu at the temple...
One of the peak ..taken with a 200mm zoom lens
The Glacier path....
You have to be there to experience the truth.....
Monday, October 22, 2007
by R.Surenthira Kumar
KUALA LUMPUR (Oct 21, 2007): The People’s Progressive Party (PPP) yesterday raised the issue of the scathing remarks made by Malacca Chief Minister Datuk Mohd Ali Rustam against the party with Prime Minister Datuk Seri Abdullah Ahmad Badawi.
President Datuk M.Kayveas, who apologised to Abdullah for raising the issue at it the party’s 54th Annual General Meeting (AGM), said he would not be forgiven by PPP members if he did not do so.“We did not react to the Malacca Chief Minister’s remarks, abuse and insults, not because we could not or I could not, but in the spirit of Barisan Nasional (BN), we maintained a very high level of tolerance and discipline to allow our guest, the CM, to complete his speech,” said Kayveas.
At the Malacca PPP AGM last Monday, Mohd Ali, who is also Umno vice-president delivered a scathing speech which chided the PPP for “threatening” Barisan Nasional for more seats to contest in the coming general election. He had also apparently stressed that PPP could leave the BN fold if it was not happy.
Mohd Ali had also said that the Umno Supreme Council was unhappy with Kayveas for repeatedly requesting for more seats.His strong statement reportedly stunned PPP members as he was the guest-of-honour and invited to officiate the party’s state AGM.“I used this opportunity (the AGM yesterday) to raise the matter because I intended to correct the wrong impression people had against me and PPP,” added Kayveas.
He reiterated the party’s stand, which was the request to be allocated one seat for each sate in the coming general elections.Kayveas said the seats won by PPP in the 1969 elections were systematically given away to the BN component parties after the party joined the coalition when it was formed in 1972.He added PPP, being a founder member of BN, should be given the necessary recognition.
However, Abdullah, during his speech, did not touch on the remarks made by Mohd Ali against PPP.
Kayveas, in his speech. also spoke on several others matters, including requests for the abolishment of the National Higher Education Fund’s (PTPTN) annual administrative fee as it was a revolving fund.He also called for the deregistering of CTOS Sdn Bhd from the Companies Commission of Malaysia and for the local councils to be placed under the purview of the Prime Minister’s Department.
Yes it was true after all. I still cant believe the PM allowed this....this is an insult for the leadership and BN.
Ali Rustam, the self-proclaimed ‘Senior Vice President’ of Umno -- actually there is no such post but he likes to address himself as such -- stood on stage in front of the entire hall filled with PPP leaders and members and with fingers pointed said that PPP can leave Barisan Nasional. Leave today, or even tomorrow, said Ali Rustam, just don’t wait for the next election before leaving.
The PPP President and Deputy Minister in the Prime Minister’s Department, Datuk M. Kayveas, fidgeted in his seat, as did the entire hall. Ali Rustam was going berserk. He was reminiscent of Adolf Hitler jumping up and down, ranting and raving like a dog foaming at the mouth that had gone mad with rabies. Nobody reacted. Nobody could react. They were all too shocked to react and just sat there for the next one and a half hours as Ali Rustam told PPP and the entire non-Malay population of Malaysia that they are insignificant and Umno does not need them.
"Umno has ruled Malaysia for 50 years, said Ali Rustam, and they can rule for another 50 years more. And Umno does not need PPP, MCA, MIC, Gerakan, Sabah, Sarawak or anyone else to do this. Yes; and even God Himself can’t sink Umno like He could not sink the Titanic.
Ali Rustam should not tempt God or fate or whatever it is that he believes in. Tun Dr Mahathir Mohamad is fond of relating the story of the mistake he made in 1969 when he told the Chinese he does not need their votes. 3,000 Chinese swung to PAS, said Mahathir. And Yusuf Rawa won that seat while the Grand Old Man of Malaysian politics was sent into temporary retirement.
Even the great and very confident Mahathir will caution you about telling the non-Malay voters that you don’t need them. And surely Mahathir is a bigger man than Ali Rustam.
The punch-line that Ali Rustam wanted to deliver the assembly of PPP leaders and members is that the party is not going to be given any seat in Melaka. And to demonstrate that he meant business he asked PPP to leave Barisan Nasional. Leave now! What are you waiting for? Leave now! You want a seat is it? No seat for you! Who says Umno needs the component members, especially PPP? PPP means nothing to us. Leave now.
And as if what he had said thus far was not shocking enough, Ali Rustam took a swipe at the Pahang Menteri Besar. If the Pahang Menteri Besar wants to give you a seat in Pahang then that is his problem. He is crazy and he does crazy things. He can give PPP a seat in Pahang. Why ask from the other states? And the icing on the cake was when Ali Rustam said that if the Prime Minister gives PPP a seat then he has no balls (pengecut). Tak boleh ikut cara dia, Ali Rustam boldly declared. Yes, since Malaysia is part of Melaka and not Melaka that is part of Malaysia then this would certainly make sense.
I was taken back after I read this ....and I was trying to recollect if I am still in Malaysia or in some militants countries. And I pinched myself. If this article is true and he has said that at People’s Progressive Party’s state convention.....I am shocked (time will tell if this is true, until them I shall keep the posting here). Or maybe he is hoping all to "close one eye".
I STILL CAN'T BELIEVE WHAT I AM READING, NOT BECAUSE OF HIM BUT IF IT IS TRUE IT IS A SHAME TO ALL BN LEADERS......AND PEOPLE SHOULD CONSIDER THEIR DECISION TOWARDS BN.
Read the complete posting at http://malaysia-today.net/blog2006/corridors.php?itemid=9193
Saturday, October 20, 2007
Some use the service of these nepali man to carry them for Rps3000.00
Some take horses to the top .....for a fee of Rps800.00 two ways
and some gets a piggy back on their father for free.... lucky ones
rest area for drinks and food.....
As we get close to the destination ......
I could not take all the water falls as i had limited space in my memory card. I had to work within the 4GB CF card space that I had. I had to leave my computer in Rishikesh considering the roughness of the journey
As we were ascending from Gaurikund (1982m) to Kedarnath (3583m) on horses (one of us went by foot) on a 14Km path. We were welcomed by the beauty of the hills and water falls and rivers and sunrise, birds eagles and the nature itself. When I went there 2 years back by the time i reach the top the cloud has covered the hills. But this time it was as clear as the open sky and the great WHITE HIMALAYAS was so beautiful beyond words. that's why i said the pictures did not speak the truth...the truth of the beauty of himalayas.... you have to feel and see and experience it to really know it......