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.
No comments:
Post a Comment