*Saturday, 16 May 2009 16:26
There must have been a valid reason for stating that the law is an ass. Now we understand why it is so. The open-handed stay order granted by a single judge – Datuk Ramly Ali - of the Court of Appeal confirms why the law is an ass.
On 11 May 2009 High Court Justice Abdul Aziz Abdul Rahim in a well-argued judgment declared that Datuk Seri Nizar was the duly appointed Menteri Besar at all material times and that Datuk Seri Dr Zambry was never the MB of Perak at any material time. In other words, Zambry has no business to be or pretend to be the MB of Perak.
The High Court decision had positively removed all doubts and confusion as to who was the rightful and legitimate MB of Perak.
The next day, 12 May 2009, Ramly muddied the water by granting the stay order to the High Court decision without any conditions. This decision confounded the nation and left everyone dumbfounded.
As a result of this absurd decision of Ramly, the position of the genuine MB has been undermined and has left him in a limbo unable to discharge his duties and serve the needs of Perakians.
On the other hand, the stay order seems to have given the man who never was the MB of Perak at any time whatsoever a second lease of life to occupy the MB's chair.
This ridiculous situation has bewildered every thinking Malaysian into a state of utter confusion .
If Ramly had granted a conditional order restraining both Nizar and Zambry from acting as MB in order to enable Nizar's suit seeking to set aside this order to be heard and decided then such a decision would have been acceptable.
But this order had made a mockery of the law and shattered the people's confidence in our judiciary. This is the reason why people have so little trust in the system of justice. This is why people despair when decisions are dished out by our courts.
We must be realistic and realise that ultimately the debacle and the dilemma confronting Perakians cannot be decided by the courts. The courts would only delay the outcome and prolong the uncertainties and provoke further political reactions endangering the peace and harmony enjoyed by the people for the last one year.
It is important to realise that this problem cannot be solved by the courts. Only two people can bring relief to this dangerous situation.
One of them is the Prime Minister who was implicated in causing this problem in Perak. He has stated that he wants to feel the pulse of the people so that he could be the people's PM. He must know what the feelings on the ground is.
The Senate President, the Chairman of Suhakam, MCA, Gerakan, eminent lawyers, concerned citizens, civil society and a host of prominent and caring individuals have called for the dissolution of the Perak State Assembly to overcome the present political stalemate in Perak.
He should heed these feelings and the demands of the people and make a second trip to the palace and plead with His Royal Highness, the Sultan of Perak, to dissolve the Perak State Assembly. He cannot ignore this groundswell any longer if he lays any claim in wanting to be the people's PM. He must undo the present mess in Perak and restore stability in that state. He must rise above politics and act as a statesman in the interest of the country. This is one duty that he must perform as soon as possible with all sincerity.
The other personage who can definitely and incisively resolve the political turmoil and the upheaval in Perak is His Royal Highness, the Sultan of Perak. The sultan by now must know how angry and upset his subjects are that three unscrupulous politicians have subverted democracy and overturned a people's government by their unbecoming conduct. They have frustrated a duly elected government of the people and made nonsense of the democratic will of the people.
His Royal Highness must take cognisance of the sound and persuasive judgment of the High Court on 11 May 2009.
His Royal Highness must surely be aware that more suits filed in the courts will only delay and contribute to more frustrations; they need not necessarily mean more justice for this politically unresolved matter.
His Royal Highness must surely be aware that his subjects want a political settlement and it is they who must decide who should form their state government.
To enable the Perakians to solve this problem that has been festering like a sore wound for more than three months, please dissolve the Perak State Assembly.
There is no other way – no other solution.
P Ramakrishnan
President
16 May 2009
