It is most disheartening to read Bar Council chief Mah Weng Kwai urging Malaysians to accept the Federal Court's decision on former deputy premier Anwar Ibrahim's appeal or otherwise resort to the ballot box as a means for change.

Surely Mah is more conversant with the basic principles of the rule of law than an ordinary citizen like me? Admittedly, in Malaysia, parliament is supreme. The separation of powers is not as definitive as in other developed democracies such as in the United States.

However, due process remains a basic human right as embodied in the Federal Constitution. Irrespective of whoever is in power, the ordinary citizen should be able to depend on the judicial system for fair treatment and equality before the law.

The ruling party may change the laws to change all these by amending the Constitution with a two-third majority. They have not done this. They will never dare without incurring the wrath of Malaysians.

The government in power, admittedly, exercises great influence in the appointment of judges. And rightly so, provided it is done in the spirit of the Constitution that is prevailing. However, once appointed, judges must be left to their own personal and professional conscience.

The judges, while having no power to legislate, may infer legislative intent by referring to case law. This was and is still expected of them in the legal system that still exists today.

The Federal Court was asked to to look at Anwar's appeal based on existing criminal laws and procedure codes. It is the laws by which the ruling government themselves presently govern and are themselves subject to.

Is Mah saying that the courts are a direct instrument of the ruling party? Surely not, or otherwise Mah's job as an advocate is meaningless. Just be a party official and direct the courts accordingly. The rule of law protects the rights of the individual, the minority, and it is indirectly opposed to the maxim that might is right.

Governments are given mandates through the ballot box once every five years or so. Is Mah saying that whatever they do until the next elections cannot be checked at all? And elections are the only recourse for the individual in Malaysia?

It is my contention that by his remarks, Mah, in his official capacity, accepts the subordination of all officers of the court including members of the Bar Council to the whims and fancies of those in political control of the country. What a shame! I am glad I am not a member of the Bar.