Aliran hails the judgment of the Kuala Lumpur High Court and salutes Justice Datuk Abdul Aziz Abdul Rahim for his honesty and integrity in delivering a judgment that does justice to his profession.
Unlike the previous judgments on various issues pertaining to and contributing to the Perak political crisis, which were totally disappointing and appalling, this particular judgment has done credit to the judiciary.
Justice Abdul Aziz brings to mind the observation of Jean de La Bruyere: The duty of a judge is to render justice; their profession is to discern it. There are some who know their duty and who practise their profession.
Justice Abdul Aziz certainly falls into this category. By his rare courage and wisdom Justice Abdul Aziz has done the judiciary proud in living up to his oath of office.
The significance of this judgment is that Nizar has been the legitimate Menteri Besar at all material time and that he had never vacated his position.
It also meant that there was no basis for appointing Zambry as MB and that there were no grounds to presume that Nizar had resigned or had automatically vacated his office to pave the way for the appointment of Zambry to succeed him as BM.
In other words it has been made clear by the court decision that Zambry was never the MB of Perak at any material time and that he and his Councillors were indeed imposters.
As such, whatever that they have done or executed in their assumed capacity becomes a matter of contention. Legally, this may have to be unravelled. If they had been receiving salaries and various allowances as MB and Executive Council Members, all this must be refunded because they were not entitled to this. Naturally they will have to vacate their offices immediately.
Last night’s decision by the MB and his Exco to suspend state secretary Abdul Rahman Hashim and state legal advisor Ahmad Kamal Shahid is only logical. As civil servants they have acted in an “uncivilised” and partisan manner and as political functionaries on behalf of Umno. Their conduct has tarnished the civil service which is expected to serve the government of the day loyally and remain above politics.
Now we will never know whether Abdul Rahman would have welcomed Nizar and and his Exco with as much exuberance as he had displayed in locking up the doors to prevent access and then chasing them away from their rooms in such high-handed fashion with the help of the police!
Let’s not forget the two issues that had brought about the chaos and uncertainty: the unethical crossovers and the unfortunate refusal to dissolve the Perak State Assembly. These two issues invalidated the mandate of the Perakians and robbed them of their choice of government.
The only sane and sensible thing to undo the damage and bring calm and stability to Perak is to go back to the people to settle this issue once and for all. Let the people decisively decide who should form the government.
There is no other option.
2 May 2009