Opposition won cases too, judge tells Malaysian Bar
(Malay Mail Online) – Appellate Court president Tan Sri Md Raus Sharif disputed today claims that the courts favoured the government, telling the Malaysian Bar that opposition politicians have won certain cases too.
“That’s not true. You must not take selected cases. You must go through all the cases that we have decided, cases where rulings were not in favour of the government.
“Cases involving politicians like Hadi, Tian Chua, Tony Pua all won against the government but they never mentioned that…they have to look at all cases to make comparisons,” Raus told reporters here at the sidelines of the 50th National Judges’ Conference, referring to PAS president Datuk Seri Abdul Hadi Awang, PKR vice-president Chua Tian Chang and DAP publicity chief Pua.
The Court of Appeal judge was responding to a statement by Malaysian Bar president Steven Thiru earlier today, who had remarked that rulings in key constitutional cases last year gave the impression that the government’s interests trumped the rights of Malaysians to fundamental liberties.
Among the seven cases in the Court of Appeal and Federal Court that Steven cited were publisher ZI Publications Sdn Bhd and Ezra Zaid’s challenge against a Selangor Shariah enactment; Universiti Malaya senior law lecturer Azmi Sharom’s constitutional challenge against the Sedition Act; three transgenders’ challenge against a Negri Sembilan Islamic law prohibiting Muslims from cross-dressing; and M. Indira Gandhi’s challenge of the validity of her children’s unilateral conversion to Islam.
However, Raus said that it is not the court’s duty to make popular decisions, insisting that judges will decide on cases as how the law dictates.
“We have to decide, one way or another. We decide according to the law that we understand it. Of course they are not happy. Somebody has to decide,” he said, reiterating that the judiciary has always maintained its independence.
“He can say anything, nobody is stopping him. This is democracy,” Raus added, referring to Steven.
