The Federal Court has just delivered their verdict on Subashini's appeal. In a 2-1 majority decision (Datuk Abdul Aziz FCJ dissenting), Subashini's appeal was dismissed, mainly on technical grounds. You can read the Malaysian Bar's web reporter's account and if you are subscribed to Malaysiakini, you can also read their scoop.
Though the full judgment will take take to be printed out in full, the gist of the decision is as follows:-
1. Subashini's divorce petition filed in the High Court was premature as it was filed within 3 months of date of conversion. This is in contravention of Section 51 of the Law Reform (Marriage and Divorce) Act 1976. The said section provides that no petition for divorce may be presented before the expiration of the period of 3 months from the date of the conversion.
2. Subashini can still file a fresh divorce petition in the Civil High Court and ask for ancillary relief. The said High Court has jurisdiction to hear the matter even if the husband had converted and filed for divorce in the Syariah Court.
3. The husband cannot shield behind freedom of religion under Article 11 and the Civil High Court still has jurisdiction under the 1976 Act. However, it is not an abuse of process if husband seeks remedies in Syariah court.
4. Non-Muslim marriages which are dissolved by Syariah Courts have no legal effect to the marriage in civil court unless it is dissolved by civil courts. The contention that the wife may submit to Syariah court is wrong. As a non-Muslim, she has no locus standi to appear in the Syariah court.
Whatever, whatsoever, howsoever, whereas, wherefore etc...
Thursday, December 27, 2007
posted by PabloPabla at 1:00 pm
Thursday, December 13, 2007
posted by PabloPabla at 3:45 pm
Such is the state of Malaysia. And more often than not, it is used against those who speaks for the minority. I am talking about the 5 Hindraf leaders - P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar who were picked up at various locations in Selangor, Kuala Lumpur and Seremban today and whom the Inspector-General Police Tan Sri Musa Hassan said will be detained for 2 years.
Whilst Uthayakumar was charged for sedition, the powers that be could not wait for the Courts to hear the charge, let alone convict him. It looks like the Government does not trust the Judicial system as well. Why else do they arbitrarily use Section 8(1) of the Internal Security Act to detain these 5 without trial for 2 years? The Government now acts as Prosecutor, Judge and Jury in clear disregard of the rules of natural justice - to give the person being accused the right to reply and defend himself.
It is not a question of whether the actions taken by the 5 were a threat to national security. Threat, if any, depends on what each and every individual thinks. I for one, do not perceive Hindraf's demands as a threat to me. At best, I might treat it as a frivolous demand, albeit there being merits on some of the demands.
Some might think that this is the way this country shall be ruled. That those who are deemed to be a threat to national security (solely upon the judgment of the Government) shall be detained for 2 years, without an opportunity to defend oneself. Perhaps, you are not a victim. Perhaps, your family, relative or friend is not a victim. It's someone else's problem and as long as I can earn a living, these people should just shut up and be sent to detention camp because they are not my problem.
The problem with this kind of thinking is that we think it won't happen to us. Just like when a neighbour's house gets burglared. It's their problem. We mind our own business. Until the day comes when our home is burglared. And we have no one to count on as everybody is minding their own business. Such is the state of apathy in our country.
If you believe in God, if you believe in such a thing as justice and fairness and if you believe in retribution to those who willingly victimise others, then be a concerned citizen and vote against the use of the Internal Security Act and other draconian pieces of legislation in this country. It is indeed a sad day for Malaysia.
Whilst Uthayakumar was charged for sedition, the powers that be could not wait for the Courts to hear the charge, let alone convict him. It looks like the Government does not trust the Judicial system as well. Why else do they arbitrarily use Section 8(1) of the Internal Security Act to detain these 5 without trial for 2 years? The Government now acts as Prosecutor, Judge and Jury in clear disregard of the rules of natural justice - to give the person being accused the right to reply and defend himself.
It is not a question of whether the actions taken by the 5 were a threat to national security. Threat, if any, depends on what each and every individual thinks. I for one, do not perceive Hindraf's demands as a threat to me. At best, I might treat it as a frivolous demand, albeit there being merits on some of the demands.
Some might think that this is the way this country shall be ruled. That those who are deemed to be a threat to national security (solely upon the judgment of the Government) shall be detained for 2 years, without an opportunity to defend oneself. Perhaps, you are not a victim. Perhaps, your family, relative or friend is not a victim. It's someone else's problem and as long as I can earn a living, these people should just shut up and be sent to detention camp because they are not my problem.
The problem with this kind of thinking is that we think it won't happen to us. Just like when a neighbour's house gets burglared. It's their problem. We mind our own business. Until the day comes when our home is burglared. And we have no one to count on as everybody is minding their own business. Such is the state of apathy in our country.
If you believe in God, if you believe in such a thing as justice and fairness and if you believe in retribution to those who willingly victimise others, then be a concerned citizen and vote against the use of the Internal Security Act and other draconian pieces of legislation in this country. It is indeed a sad day for Malaysia.
posted by PabloPabla at 10:06 am
Or the Opposition for that matter. Why? If you are already an adult and by that, I mean above 21 years old and you have not registered yourself as a voter, you should be keeping your mouth shut. It makes you no different from the politicians themselves when you talk and criticise but take no action (to register as a voter and vote) over what you said. Don't you feel that you are a hypocrite?It is actually much harder to be a politician (to have to talk and spin their way around) than to be a registered and voting voter. To be a politician, you have to research facts (or get your people to do the dirty work for you), present the facts as it is or distort them cleverly or stupidly, answer reporters off the cuff and earn applause for intelligent answers or get ridiculed for goblok answers and constantly put on a confident face even though you are under stress whether you will get the people's support. On the other hand, to be a voter, you just need to go to the nearest registration centre with your identity card. You don't even have to give a press conference after registering.
So please, stop criticising the government or opposition parties unless you are already a registered voter. And if you are already a registered voter, make sure you vote when election comes around. Every vote counts. If you vote for the government, apart from your vote counting towards the performance of the candidate of your choice, your vote will represent the overall votes obtained by the government throughout the country. Similarly if you vote for the opposition (whichever party you choose). In Malaysia, the simple majority vote wins and gets the seat. So, assuming in the weird scenario that all BN candidates get 1 extra vote over their challengers, BN is effectively ruling the country by a majority of less than 223 votes. In some areas, they might even be the minority in this example - BN 150 votes, DAP 140 and PAS 130 in a 3 candidate fight. That would of course, make a mockery of what some BN politicians saying that the majority of the citizens are supporting them without taking into account the real number of voters for BN vis a vis the opposition parties.
As for you who are below the age of 21, you are excused. Criticise all you want but make sure you get yourself registered when you reach 21.
Tuesday, December 11, 2007
posted by PabloPabla at 5:43 pm
I have not been blogging here for nearly a month. Maybe it is because I have not much to say and have been blogging elsewhere. Sometimes, pictures tell more than words. Despite the words and lies which appears day after day on local media, some pictures would make the credibility of such words into question.
On Sunday, the Chairman of the Human Rights Committee of the Bar Council, Mr. Edmund Bon was arrested for supposedly having obstructed DBKL officers from doing their job of removing banners on and around the Bar Council's building. I will now share with you the pictures taken by web reporters and posted on the Malaysian Bar's website which shows how he was outnumbered and manhandled by the DBKL officers.
Bookmark the Malaysian Bar's website if you are a concerned citizen of Malaysia. The erosion of the fundamental human rights in Malaysia are not a figment of the imagination but real indeed. Read the full details of the proceedings in Court from the website.
On Sunday, the Chairman of the Human Rights Committee of the Bar Council, Mr. Edmund Bon was arrested for supposedly having obstructed DBKL officers from doing their job of removing banners on and around the Bar Council's building. I will now share with you the pictures taken by web reporters and posted on the Malaysian Bar's website which shows how he was outnumbered and manhandled by the DBKL officers.
Bookmark the Malaysian Bar's website if you are a concerned citizen of Malaysia. The erosion of the fundamental human rights in Malaysia are not a figment of the imagination but real indeed. Read the full details of the proceedings in Court from the website.
