A travesty of natural justice
While in India (the IT capital of the world) recently, I was repeatedly asked by a wide section of people comprising retired judges, diplomats, human rights and civil liberty lawyers, politicians and ministers why my government had ‘transgressed a great sin’ by its decision to block access to the news portal Malaysia Today .
They asked me whether this was another onslaught on civil liberties, tantamount to Internet censorship, a desperate act by a government that was seeing repeated defeats and rejections by the very demography that kept them in power for so long.
They wondered why the government refused to listen to the clear signals coming from the ground telling them that change was necessary – real change and one where the fundamentals of good governance, transparency, accountability, freedom of information, a rejection of racial, racist and religious bigotry is seen as a hallmark and pillar of democracy and one where political opponents are not targeted by newly coined legislation which is fast tracked and without the scrutiny of a select committee of independent legal and civil rights experts.
Yes, indeed quite a mouth full!
To understand their concern you must see and be in India – to see how politics and independence of the various organs of government operate.
You can see how any ordinary Indian citizen have access to decision making processes, billion dollar tender and award documents and contracts thanks to India’s Rights to Information Act 2005.
A legislation that makes certain that one cannot hide by dubious claims of national security and other fictional excuses whenever one is asked to be accountable and transparent to decisions involving millions of dollars.
And more certain that in India - you cannot smear a website as seditious without giving the accused an opportunity to defend itself/themselves – a act that in all legally trained, politically mature and cultured minds is ultra vires.
I wonder if our great intelligentsia and intelligence community are keeping cognizance that the fact is once again we are showing the world that we show great contempt for the principle of fair play, accountability, good governance, transparency and natural justice for one’s political agenda and expediency!
It is a pity that – the ‘government-backed watchdog’ the Malaysian Communications and Multimedia Commission had ordered all Internet Service Providers (ISPs) in the country to block this website.
In Parliament, Home Minister Syed Hamid Albar defended the said move, saying that Malaysia Today had been banned because it published "libelous, defamatory and slanderous" content.
Those were ‘his claims’ but as a trained lawyers, we are expected to should show better judgment and provide the evidence to prove our claims.
And in the mind of all law abiding and rational people, this can only be derived after a comprehensive investigation is done by an independent group of investigators selected for their credibility, independence, and proven track record.
The truth is as we celebrate the nation’s fifty first Independence Day, questions are asked whether Malaysians are really free or all that we have done is replace one dominating political entity, a draconian and unjust power, with another.
A new dominating power that is in full fledged ‘denial mode’ doing massive damage to the image of the country by such blatant acts, uncouth political behavior, racist tendencies and outbursts and a clear travesty of natural justice just to remain in political power.
The pertinent question on everyone’s mind is: is this first step to curb civil liberties, Internet freedom and access to portals providing alternative views and stands a sign of more to come?


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