YOURSAY | It's clear that both the CJ and head of COA were unconstitutionally appointed.
Daim demanded CJ and COA president resign, Sri Ram claims
Gerard Lourdesamy: If their appointments (Chief Justice Md Raus Sharif and Court of Appeal president Justice Zulkefli Ahmad Makinudin) were unconstitutional, that would mean that their appointments were null and void ab initio.
It would be as if they were never appointed in the first place.
The doctrine of separation of powers and security of tenure clearly do not apply to persons who are unlawfully occupying an office they were not entitled to be appointed to in the first place.
Therefore, there is nothing wrong if the purported judges were summoned to a meeting either with the PM or Council of Eminent Persons chairperson Daim Zainuddin, acting on the PM's instructions, to be told to resign.
The constitutional requirements do not say that other than the PM, the senior judiciary are not allowed to meet with anybody else. In fact, the Agong and the Malay rulers being part of the appointment process have a greater right to summon the senior judges to appear before them.
At the end of the day, constitutional niceties do not extend to those appointed through unconstitutional means.
Unspin: Yes, it does not matter whether Daim or Mahathir ask for the resignation of Raus and Zulkefli because it is an open secret that those two are there to consolidate the power of former PM Najib Razak.
They are a complete disgrace and should do the right thing by resigning from their posts.
Wira: Indeed, it's clear that both the CJ and head of COA were unconstitutionally appointed. It doesn't matter who conveyed the message to them.
They should have understood that when their benefactor who bent the constitution to appoint them was rejected by the rakyat, they too must leave with the kleptocrat.
Sirach: Daim is head of the Council of Eminent Persons. He is one of the PM’s most trusted confidantes.
Even if what former Federal Court judge Gopal Sri Ram says is true, it’s hard to believe that Daim would not have had the PM’s blessings to ask for the resignations. That’s as graceful an exit as they can get surely.
And given that no less than the Bar Council had come out strongly against the extensions as unconstitutional, what is Sri Ram’s beef?
Justice for Malaysia: Isn't what Sri Ram said is in accordance to proper procedure? Do we want to go back to the days of BN when there is no rule of law?
Anonymous_1e23ccf0: Sri Ram is taking a lot of flak for speaking out, but speak out he must.
You can't chant rule of law and then commit acts that are contrary to that. This is because to allow it, is to go back to the law of the jungle which any right-thinking person would not want.
I don't see why the PM could not have done it himself instead of subcontracting it out to Daim. Let’s walk the talk and call a spade a spade.
And in that respect, Sri Ram is right to point out the need to stick to the straight and narrow.
Vijay47: With the change in government, people expect something refreshingly different from the arrogance and disregard for legality that Umno practised, people want a government that walks the straight and narrow, in line with the law, norms, and even courtesy.
That does not mean that Pakatan Harapan has to be meek and humble or too soft to be effective. Where it concerns the judiciary, especially the upper echelons, more sensitive procedure is required.
Sri Ram is merely reminding Daim and others of this obligation; the Council of Eminent Persons obviously play an important role but that role is advisory only without any authority.
It cannot be denied that Harapan despite some experience in ruling two states, is still in its infancy when it comes to federal administration and it is better that it be guided now rather than being allowed to meander rudderless in shark-infested waters.
If Sri Ram appears to be unduly critical, better be the devil’s advocate now than the silent tolerant admirer.
Anonymous_4b0f0375: The Council of Eminent Persons by my understanding is not the government and do not have any statutory powers beyond merely advising the government. Their role should be behind the scenes to help guide the nation to chart a new course.
If the above claims are true, then the rakyat will have none of it. It's interference plain and simple.
The council should be chastised or at the very least, the PM should be seen to put the council in check. Let the attorney-general deal with the matter of the CJ and COA.
MVK: I think one should not jump the gun. The chair of CEP has every right to sound out what is right to the incumbents who were appointed under dubious circumstances and not that there were constitutionally qualified.
Other than upsetting the cart, exploratory discussions are the way forward. Once and when agreements are reached, the respective ministries can take over.
Most of the ministers are new to the job and need guidance in treading through the maze of inconsistencies left behind by the past regime.
So I do hope all the so-called liberals will hold their horses and let PM Dr Mahathir Mohamad function as per his timeline to rectify all wrongs. Let us have patience.
Anonymous_1528170413: To call for the resignation of the judges is okay, like what DAP leader Lim Kit Siang or anybody who did so.
But to call them up for a meeting asking for their resignation, that is not proper for Daim. If the authorities of the council are not checked, then it may lead to chaos.
Patathewoonie: Whatever it is, all existing top judges should be revamped and change for better - rakyat need judges who uphold laws, not uphold politicians.
Puzzling: Sri Ram, you are conflicting yourself. On the one hand, you say that Daim has "demanded" the resignation of the CJ and COA president, but on the other, you yourself have "urged" them to resign.
Could it be also "urged" in the first instance as you have said Daim has no power to demand? Or could it be that your "urged" is also meant to be a "demand" except that you are well aware that you have absolutely no power to demand, therefore you have used the word "urged"?
Scaramouche: The best solution is given in the last two paragraphs of the news report - either they resign or be forced out because the appointments were not constitutional.
Sri Ram is only saying the nexus between the executive and judiciary “must be severed and seen to be done”. Thus, Daim's meeting with the two top judges is not right and does not seem right.
Just Hope: On surface, it looks like Sri Ram is giving Daim a lesson on the rule of law.
However, if you read between the lines, it is a strong message to both CJ and COA to resign before they got sack and put to shame.
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