Could this be true? Spotted the following post:
amethyst boy says....: Perak Turmoil Update 30 : Nizar & Sivakumar Must be Smiling, JC who Issued Restraining Order "Expired"
Nizar must be smiling now. So do Sivakumar. Apparently, the Judicial Commissioner who issued the restraining order against Sivakumar has already had his term expired at 28 February.
Since he is "expired", can he actually legally issue the restraining order?
It is not known if his tenure had been extended as the Judicial Appointments Committee (JAC) had yet to meet. Be that as it may, JAC can always grant extension retrospectively.
However, if Sivakumar were to appeal today, and the appeal is heard before the JAC meet, it will have the effect of the order rendered invalid as Ridwan (the JC) had no power to grant the order.
If Sivakumar does not appeal, when JAC grant the extension to Ridwan, it will have the effect of validating the restraining order and all is lost. At least if it is appealed now, there might be a chance for the emergency sitting not to be challenged at all.
While retrospectivity is something contencious, in Malaysian Constitution, only criminal law cannot be retrospective. Any others can be so. Of course in theory this will be against rule of law but rule of law is just a principle, whether it is practically and legally enforced is another (in Malaysia, no strict adherance is observed in our law).
Hence, Sivakumar must appeal fast. Forget about what Karpal Singh may say. Save your ass and Nizar's now while there is a chance.
If this was true, then our judicial system leaves much to be desired.
How should we judge a government?
In Malaysia, if you don't watch television or read newspapers, you are uninformed; but if you do, you are misinformed!
"If you're not careful, the newspapers will have you hating the people who are being oppressed, and loving the people who are doing the oppressing." - Malcolm X
Never argue with stupid people, they will drag you down to their level and then beat you with experience - Mark Twain
Why we should be against censorship in a court of law: Publicity is the very soul of justice … it keeps the judge himself, while trying, under trial. - Jeremy Bentham
"Our government is like a baby's alimentary canal, with a happy appetite at one end and no
responsibility at the other. " - Ronald Reagan
Government fed by the people
Career options
Corruption so prevalent it affects English language?
When there's too much dirt...
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