Law expert: Recent refreshing apex court ruling could be short lived

Source: FMT News

Going by precedent, judgments that establish legal principles can be set aside, says Gurdial Singh Nijar, reminding the legal fraternity not to be too happy with recent landmark decision that restored judicial power to courts.

Gurdial Singh Nijar – pic drawn from FMT News

PETALING JAYA: A legal consultant has cautioned the legal fraternity that a recent Federal Court ruling that affirmed the rule of law and judicial power of the court could be set aside sooner than expected.

Gurdial Singh Nijar said, going by past precedent, another panel of the apex court could depart from that landmark judicial pronouncement.

“I can see the danger of that decision being overturned by another bench,” Gurdial said in response to a question from the floor at a forum at Universiti Malaya yesterday. Read more

End the Pretence: Repeal SOSMA — Malaysian Bar

Press Release

End the Pretence: Repeal SOSMA

The Malaysian Bar is dismayed that the provision for pre-charge detention for up to 28 days, pursuant to the Security Offences (Special Measures) Act 2012 (“SOSMA”), was renewed for a further five-year period by the Dewan Rakyat on 5 April 2017.

The Malaysian Bar reiterates that pre-charge detention under SOSMA — coupled with the absence of any judicial supervision or oversight of that detention, and the frequent delay or denial of immediate access by detainees to legal representation — is a gross violation of the fundamental liberties protected under Article 5 of the Federal Constitution.  This period of 28 days is twice as long as that provided for in other offences pursuant to the Criminal Procedure Code, and is wholly unnecessary. Read more

Court to hear Selangor MB’s bid to declassify A-G’s 1MDB report on Aug 1

Source: The Malay Mail Online

KUALA LUMPUR, May 26 ― The High Court here today set Aug 1 to hear the application for a judicial review filed by Selangor Menteri Besar Datuk Seri Mohamed Azmin Ali and Muhammad Zahid Md Arip to challenge the decision to classify the Auditor-General’s report on 1Malaysia Development Berhad (1MDB) as official secret.

Judge Datuk Wira Kamaludin Md Said set the date in chambers in the presence of lawyer Mohamed Haniff Khatri Abdulla representing Muhammad Zahid and lawyer N. Ganeson representing Mohamed Azmin.

Also present were senior federal counsel Shamsul Bolhassan representing the respondents, namely Prime Minister Datuk Seri Najib Tun Razak, former Auditor-General Tan Sri Ambrin Buang and the Malaysian Government.

Mohamed Azmin and Muhammad Zahid filed the application separately on Aug 15 and 5 last year. Read more

Is there religious freedom in Malaysia? Survey shows one in 10 says no

Source: The Malay Mail Online

Infographic by MMO, source from Kajidata Research

KUALA LUMPUR, May 26 ― A recent national survey by market research firm Kajidata showed that around one in 10 Malaysians did not agree that religious freedom is practised here although Malaysia is a multi-faith country.

The survey to gauge Malaysians’ thoughts on the Transformasi Nasional 2050 (TN50) initiative, with a focus on unity and prosperity, also found that roughly the same disagreed with Islam as the religion of the federation.

When polled, 10.7 per cent respondents disagreed with Islam as “the official religion in Malaysia”, compared to 82.5 per cent who agreed.

Meanwhile, 11.4 per cent disagreed with “religious freedom that is currently practised peacefully in Malaysian”, compared to 80 per cent otherwise.

Article 3(1) of the Federal Constitution states that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.” Read more

61pc sexual crime victims are children, minister says

Source: The Malay Mail Online

KUALA LUMPUR, May 26 —  As many as 61 per cent of the 12,926 sexual crime cases reported over the past three years involved children, said Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim.

She said this situation was serious as the children would grow up with negative psychological effects.

“The ministry will work closely with the Royal Malaysian Police (PDRM) to tackle the issue of domestic violence and child abuse and play our part in rehabilitating the victims so that they can continue with their lives as normal as possible, if not better,” she said. Read more