Courts' power
We have so many courts - from Magistrate Court to Session Court, High Court, Court of Appeal and so on. There are also Election Court, Industrial Court and Syariah Court.
And yes, there are judges and magistrates who decide who should go to jail and who gets acquitted. Some decisions are bias, the rest are fair.
(Also read Big Dog's Malice Against the Federal Constitution)
Well, they are just human!
CASE 1:
KUALA LUMPUR (July 25, 2013): Controversial blogger couple, Alvin Tan and Vivian Lee were granted bail of RM30,000 each with conditions attached by the High Court today.
High Court Judge Datuk Mohd Azman Husin set bail at RM10,000 for each of the three charges levelled against both Tan, 25, and Lee, 24, and ordered them to surrender their passports and gave specific conditions for bail.
Mohd Azman ruled that both Tan and Lee are prohibited from uploading any article or pictures that are pornographic, offensive or provocative which touches on religious or racial sensitivities.
He added that the couple are also prohibited from using network communication devices such as smartphones to post racially sensitive pictures or comments.
Tan is being held at the Sungai Buloh Prison and Lee at the Kajang Prison after they were charged at the Sessions Court here on July 18, where they were denied bail on grounds of public interest.
They were jointly accused of making a seditious posting on "Alvin and Vivian - Alvivi" Facebook site with a photo of themselves eating bak kut teh (a pork dish) with the greeting "Selamat Berbuka Puasa" (Happy Breaking Fast) .
In the second charge, Tan and Lee are accused of posting pornographic pictures on at the same place between 9pm and 2am from July 6 and 7.
The duo were also charged with posting on their own Facebook pages the same photo of themselves eating bak kut teh and comments which were likely to cause religious enmity between people of different faiths.
In submissions today, counsel Chong Joo Tian said there was no basis to the prosecution's argument that Tan and Lee would repeat the alleged offences if they were released on bail.
CASE 2:
Ipoh: The High Court today ruled that the conversions of three minors by their Muslim-convert father four years ago was null and void.
Judicial Commissioner Lee Swee Seng said the conversion of Tevi Darsiny, now 16, Karan Dinish, 15 and Prasana Diksa, five, was unlawful.
Their father, Mohd Ridzuan Abdullah, whose Hindu name before his conversion was K.Patmanathan, converted them in April 2009 and obtained certificates of conversion from the Perak Islamic Religious Department to show them to their mother M.Indira Gandhi as proof of conversion.
Indira had filed an application the same year to seek the nullification of the conversion on the basis that the conversions contravened the Perak Islamic Administration Enactment 2004 and several other laws including the Federal Constitution.
Lee, in his ruling, concurred with Indira's team of counsel that the conversions were null and void because the minors were not presented before the religious officials to utter the declaration of faith (kalimah syahadah) and had not expressed their desire to convert to Islam.
NOTE: Some decisions will meet with opposition, some deserve thumbs up but in my personal opinion, leave the court to the righteous and qualified people. Controversial decisions will erode public's trust on the judiciary...
And yes, there are judges and magistrates who decide who should go to jail and who gets acquitted. Some decisions are bias, the rest are fair.
(Also read Big Dog's Malice Against the Federal Constitution)
Well, they are just human!
CASE 1:
KUALA LUMPUR (July 25, 2013): Controversial blogger couple, Alvin Tan and Vivian Lee were granted bail of RM30,000 each with conditions attached by the High Court today.
High Court Judge Datuk Mohd Azman Husin set bail at RM10,000 for each of the three charges levelled against both Tan, 25, and Lee, 24, and ordered them to surrender their passports and gave specific conditions for bail.
Mohd Azman ruled that both Tan and Lee are prohibited from uploading any article or pictures that are pornographic, offensive or provocative which touches on religious or racial sensitivities.
He added that the couple are also prohibited from using network communication devices such as smartphones to post racially sensitive pictures or comments.
Tan is being held at the Sungai Buloh Prison and Lee at the Kajang Prison after they were charged at the Sessions Court here on July 18, where they were denied bail on grounds of public interest.
They were jointly accused of making a seditious posting on "Alvin and Vivian - Alvivi" Facebook site with a photo of themselves eating bak kut teh (a pork dish) with the greeting "Selamat Berbuka Puasa" (Happy Breaking Fast) .
In the second charge, Tan and Lee are accused of posting pornographic pictures on at the same place between 9pm and 2am from July 6 and 7.
The duo were also charged with posting on their own Facebook pages the same photo of themselves eating bak kut teh and comments which were likely to cause religious enmity between people of different faiths.
In submissions today, counsel Chong Joo Tian said there was no basis to the prosecution's argument that Tan and Lee would repeat the alleged offences if they were released on bail.
CASE 2:
Ipoh: The High Court today ruled that the conversions of three minors by their Muslim-convert father four years ago was null and void.
Judicial Commissioner Lee Swee Seng said the conversion of Tevi Darsiny, now 16, Karan Dinish, 15 and Prasana Diksa, five, was unlawful.
Their father, Mohd Ridzuan Abdullah, whose Hindu name before his conversion was K.Patmanathan, converted them in April 2009 and obtained certificates of conversion from the Perak Islamic Religious Department to show them to their mother M.Indira Gandhi as proof of conversion.
Indira had filed an application the same year to seek the nullification of the conversion on the basis that the conversions contravened the Perak Islamic Administration Enactment 2004 and several other laws including the Federal Constitution.
Lee, in his ruling, concurred with Indira's team of counsel that the conversions were null and void because the minors were not presented before the religious officials to utter the declaration of faith (kalimah syahadah) and had not expressed their desire to convert to Islam.
NOTE: Some decisions will meet with opposition, some deserve thumbs up but in my personal opinion, leave the court to the righteous and qualified people. Controversial decisions will erode public's trust on the judiciary...
10 comments:
dalam kes 3 beradik itu, bapanya memang ada hak berbuat demikian sebagai ketua keluarga.
sebagai orang islam, dia mestilah mengislamkan anak2nya juga bila dia sendiri memeluk agama itu.
tidak ada peruntukan dalam perlembagaan yang menghalangnya berbuat demikian.
tetapi kenapa mahkamah menidakkan haknya sebagai bapa beragama islam? dalam mana2 keluarga pun, suami ialah ketua!
saya rasa keputusan mahkamah itu boleh dipertikaikan dan diragui...
today u say no to bail but the very next day, u overturn it.
waddafuk is happening to our judicial system?
dua budak cina ni senang2 bebas dengan ikan jamin. seorang hakim kata tak boleh jamin, seorang lagi kata boleh jamin.
kes tiga anak masuk islam ni pun menghina islam dan perlembagaan, seolah-olah apa yang dibuat oleh bapa mereka adalah haram!
ini sudah lebehhhhhh!!!!!
judges are the ones who make too many silly mistakes, esp when it comes to determining how long must someone spend in jail.
its at their whim and fancy.
that also u dont know aaar!!!
banyak kelemahan, selain ia dipolitikkan oleh pihak tertentu.
but for the 3 siblings, i believe the court failed to take into consideration many aspects of Islam. as a non-muslim, the judge passed made the decision based on 'society' matters without referring to the contents of islam.
yes, he is stupid!
nampak tak dua contoh ni?
islam terus diperkotak-katikkan!