Be like tigers in upholding the law

THERE have been numerous reports about the many challenges facing the Malayan tiger given the depletion of its natural habitat. The worst case scenario is that it may become extinct.

Not all “tigers” give up easily, however. A prominent political leader fondly labelled “Tiger of Jelutong”, who was an inspiration to many and has now passed on, recently had his day in court.

Last month, the Federal Court acquitted Karpal of a sedition charge for allegedly questioning the late Sultan of Perak’s action relating to the 2009 constitutional crisis in the state.

There were allegations of interference with the decision on that case in the lower court and this is now the subject of investigation.

As opined by a former justice of the High Courts, these allegations “remain just that and proof must be put on the table”. After all, this is what justice, rule of law and the Judiciary is all about. Compromise on this and we are no better than the tigers of the jungle.

What is most comforting and reassuring to the man on the street is the language in the judgement – that “there was failure to analyse the defence”, leading to “a serious misdirection and occasioned a substantial miscarriage of justice”, hence the acquittal.

The Judiciary has corrected itself without fear or blaming extraneous circumstances and the “tiger” can now rest in peace given the maxim “innocent till proven guilty”. As a lawyer, he lived by this tenet. When asked why he defended those accused of drug charges, his response was that his clients were presumed innocent till proven otherwise and were entitled to their day in court.

The most recent landmark decision by the Federal Court has even more wider significance – “double presumptions” for drug trafficking conviction is unconstitutional. Simply put, the effect of Section 37A of the Dangerous Drugs Act is that “deemed possession” is then used to invoke a further presumption of trafficking the drugs. More importantly, the convictions and death sentences for drug trafficking were quashed.

This is what the rule of law is all about. Unfortunately, we have senior statesmen calling adversaries a “thief” even before the court has started hearing the case. This clouds public opinion and is akin to trial by media, frustrating the application of common sense.

As a country, we should show more maturity and integrity if we are to progress.

Such is the stature and mindset of our Judiciary. Accept faults, apply the required remedy(ies) without any cover-ups on actions deemed incongruous of fellow brethren and move on. This builds integrity.

This was reflected in the decision in January 2018 on the unlawfulness of the unilateral conversion of minors in the widely publicised Indira Gandhi case.

In civil society, it follows that the law needs to be amended to reflect such developments. That is why there is the Legislature, Judiciary and Executive whose purpose is to serve the people and not to be cowed by pressure groups.

It is in this context that the Home Minister’s statement that there were no plans to amend the Law Reform (Marriage and Divorce) Act to deal with unilateral conversions of minors leaves a bad taste.

The previous administration had agreed to amend the Act. The events of May 9 scuttled these plans, unfortunately.

The government appears to have selective amnesia on the platform that it had been elected on. The rule of law and integrity were much touted. The Judiciary is doing its job but the administration is found wanting.

The electorate can be very unforgiving if the government is deemed to be ineffective in protecting the rights of the common man. Race and religion are sensitive issues and the administration cannot be seen to be insensitive. Even more perilous is the perception, rightly or wrongly, that there is caving in to the demands of pressure groups by not amending existing laws or enacting new ones.

The lack of administrative experience is beginning to show as there are unfavourable comments already on the performance to date in selected areas of governance.

The Constitution documents the inalienable rights of all citizens and the elected government is dutybound to respect the law and interpretations of it by the Judiciary, which serves as an important cog in the wheels of democracy.

The Tiger of Jelutong is at rest with his faith restored in the rule of law. If we are to rise as an “economic tiger” in Asia, we have to stop behaving like kittens when it comes to upholding the law.

The judiciary has its role to play and the plethora of upcoming cases on money laundering will allow it to show its mettle. If not, we will lose all semblance of a working democracy.

If we are to rise as an ‘economic tiger’ in Asia, we have to stop behaving like kittens when it comes to upholding the law.