Friday, February 13, 2009

Can We Sue The King or Sultan?

Umno Youth members from Selangor and Federal Territory who created traffic havoc at Puduraya area on Tuesday may have erred on a legal issue (explained below). Can't help but to blog about this ............ to highlight what I understood from my observation.

They have rallied against Karpal Singh, the DAP Chairman, for he had said that Pakatan Rakyat will sue the Sultan of Perak if the ruler was to persist in appointing another person to be the Chief Minister of Perak. The ruler has done it to the chagrin of the Pakatan Rakyat coalition.

These protestors have demanded that Karpal Singh has to apologise or the protestors will hold the demonstration day in day out to create traffic havoc for the public. If there was a protest, the intended recipient should have suffered the consequences of the protest but the general public was caught in crazy traffic jam.

So, the general public must also protest against the protestors for protesting against a lawyer who is protesting against the appointment of a Chief Minister.

The weird part is Karpal Singh has been questioned as a result of 89 police reports being lodged throughout Malaysia for what he has said which was correct under the Malaysian law.

For those that have lodged the police reports, which included politicians from the Barisan Nasional coalition, please note that you may have slipped an earlier court case against the late Tuanku Jaafar, the ruler of Negeri Sembilan then. Surprisingly nobody protested during the trial or thereafter.

Standard Chartered Bank Malaysia Berhad successfully sued the late Tuanku Jaafar for US$1.0 million for a banking transaction. The case was heard in the Special Court reserved specially for the Yang di-Pertuan Agong and the nine Malay Rulers in Malaysia. Yeah, really special indeed.

Special Court Constitution - was established pursuant to Article 182 of the Federal Constitution to hear any action civil or criminal instituted by or against the Yang di-Pertuan Agong or any of the nine Malay Rulers.

However, by Article 183 of Federal Constitution no action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or any of the Rulers of States in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney General personally.

In this case, it was the first legal case that involved a royalty made possible via the 1993 constitutional amendment which was as stated above.

So, the protestors can continue to protests until all the cows come home ........ not knowing that a court case is permissible under the Malaysian law.

The best part is the protestors may not know one more thing also hehehehe ...... that their protest is illegal. City police chief Deputy Comm Datuk Muhammad Sabtu Osman said so lah.

Reading: Rulers Can-Be Sued - Are Judges, Lawyers, Law Professors, Lecturers to be charged for treason? - Lim Kit Siang

Reading: Cops: Umno Youth gathering illegal - Star

Somehow I don't really understand what the Bar Council chairman Datuk Ambiga Sreenivasan was trying to tell the public.

* On one hand she quoted the following - "The Perak Sultan’s decision not to consent to the dissolution of the State Assembly is absolute and cannot be challenged in court. Based on the Perak Constitution it is the Sultan’s prerogative and it can’t be challenged. There is legal opinion that this is non-justiciable”.

* On the other hand, she quoted a contradicting statement - "Anyone who wants to seek redress in the courts should be free to do so and be free from any form of harassment. It was also the fundamental right of any person to take any matter to the courts for determination and resolution. Intimidation of litigants and their lawyers in the exercise of their rights and duties respectively, was an affront to the dignity of the courts and the administration of justice".

Tags: Karpal Singh, UMNO Youth, DAP Chairman, Pakatan Rakyat, Sultan of Perak, Chief Minister of Perak, Special Court, Federal Constitution, Yang di-Pertuan Agong, Malay Ruler, Malaysian Law

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Blogger soulesscloudy said...

what a complicated world.. !!!~~!! i was caught in the STUPID jam last week at IPOH b'coz of all the road block.. haihzzz

13 February, 2009 18:43  
Blogger Kev said...

confusing laws, confused lawyers and even more confused Malaysians!

that's when political parties take full advantage...

15 February, 2009 21:14  
Anonymous Anonymous said...

I have only one thing to say...the sultan is overstepping his boundaries....the ruler's constitution is a symbol. A symbol, just like the British monarchy, that's all. A democratic country means it's the people who makes the decisions through votes and elections.

Looks like Malaysia does not understand what democracy means.

16 February, 2009 16:45  
Blogger Simon Ho said...

why not UMNO go protest in front of mahathir's house for taking away the immunity of the rulers back in 1993. and also protest in front of the UMNO headquarters in Terengganu for going against the Sultan's choice for MB. Pathetic party

17 February, 2009 21:57  
Blogger Johnny Ong said...

wanwan - aiyoh kesian

kev - in the end, all will be confused haha

anon - hopefully those in the federal or state govts will not take advantange of the situatio for their own benefit

simon - aiyah, all this hypes are just political gimmicks

20 February, 2009 14:23  

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