'Bending over backwards to please the executive - that indeed has been the name of the game since Mahathir blatantly subverted the judiciary.'

Judiciary fails to protect minority rights: Sri Ram

Bozuka: Syabas to Gopal Sri Ram and our ex-IGP (ex-inspector general of police Hassan Musa). At least, they opened their mouth after their retirement. Some things are better said than taking them to the graves.

Let's see what Dr Mahathir Mohamad, Najib Razak and the Umno government has to say about this. It looks like they can't even follow the simple principle of Islam - speak the truth, be honest and protect the weak.

Tristan: Bending over backwards to please the executive - that indeed has been the name of the game since Mahathir blatantly subverted the judiciary. Right-minded Malaysians who have had a taste of an impartial and independent judicial system have been saying so since the dark days of 1988.

But partiality mixed with judicial genuflection and incompetence has become the norm so much so that any attempt to reverse the condition will be seen as an aberration. It will take a real national leader to restore the system to its rightful place.

Then again, Mahathir (by wantonly destroying the leadership pipeline that only high quality education provides) has made sure that no such leader will ever emerge to save this nation as it continues to slide.

Swipenter: We all know that the 'bastardisation' of the judiciary was initiated by Mahathir to consolidate his absolute grip on powers. In any democratic country, the court is look upon as the last bastion to defend the rights of the ordinary citizen and to check and balance the powers of the different arms of the government.

An independent judiciary stood in Mahathir's way, so he sacked those judges in 1988 and appointed those who were willing to be subservient to him and the executive. The Lingamgate was a consequence of the 1988 judicial crisis.

A failed or failing judiciary is a definite sign of a failed or failing state. Our once proud judiciary has now been reduced to a laughing stock.

Neders: See what you have done TDM (Tun Dr Mahathir)? The country is fast going south and I see no light at the end of the tunnel. We have to fight on though or otherwise, it's the pits for Malaysia. Former justice NH Chan, can you add to what justice Sri Ram had to say about our cowed and incompetent judiciary?

Ferdtan: It is true that judiciary fails to protect minority. But when you (Sri Ram) were a Court of Appeal judge, you had forgotten to protect the right of one young Chinese MP fighting for an underaged Malay girl who was allegedly statutory raped by the then chief minister of Malacca. Did you forget that you reversed the fine of RM15,000 and instead sentenced him to 18 months in jail.

God works in mysterious way - that person you sent to jail like a common criminal is now the chief minister of Penang, Lim Guan Eng. Was it a lapse of judgment or was it that you were ordered to impose the jail sentence? It was so clear to all Malaysians then - that the jailing of Guan Eng was a political vendetta.

That hideous sentencing by you in April 1998 is a big blemish in your so far successful career. Come out and tell us, get it out of your chest and don't carry it to your grave - pray tell, why did you do it?

Singa Pura Pura: There are two burning questions I should like Sri Ram to consider - all within the realm of protecting the rights of the minority as well as in the context of the judiciary's supposed anxiousness in helping the executive.

1) In the 1998 appeal of Lim Guan Eng: Was the substitution of the trial judge's RM15,000 fine with a custodial sentence of 18 months' imprisonment on each of the two charges necessary, justifiable, fair and right in all the circumstances of the case?

2) Was the prosecution or persecution of then Lord President Salleh Abas and the manner in which he was treated by the executive and by some of his peers decent, just, equitable and right in all the circumstances of the case?

Phra Ong Chao: For those who commented that Sri Ram only spoke out after his retirement, they need to know that he was one of the rare ones who not only delivered judgments based on fair principles but took that extra step to deliver justice in the true sense of the word.

As a Court of Appeal judge, he introduced and adopted many revolutionary approaches in interpreting certain articles of the federal constitution in a way that protected the people against bad governance. Please read his judgments in landmark cases especially those having to do with article 8 of the constitution (on equality before the law).

In his judgments, he did not hesitate to criticise the government and rule against them if they had acted inconsistently with the law.

Mohd Hazwan: Sri Ram is on track. This is the only country which feels proud of not protecting minority rights. In the US, the minorities are not only protected, but given special privileges. That's the difference.

Anonymous: "He indicated that the failure of Malaysia as a state may indeed be imminent given the deteriorating condition of the judiciary since the 1988 crisis, which saw the sacking of a number of Malaysia's top judges."

The year 1988 should be remembered by all Malaysians. This was the start of the the chain of events which has now lead to the destruction of most of the nation's institutions. It started with the judiciary.

My colleague, a Burmese professor in exile, told me in 1988, that Malaysia will gradually dissolve into a failed state over the next couple of decades. He reminded me that this was exactly what happened to Burma, where the rot began with the destruction of the judiciary. History often repeats itself.

Chipmunk: My hats off for judge Sri Ram because he stood his ground as a man of integrity who understands the power of judiciary and executive. I have to agree 100 percent with him that the current judiciary has become so "executive-minded" that they forgot their actual role and interpret the law to suit the executives.

It is a non-independent system that the rakyat has been voicing out together with Pakatan Rakyat. But who in BN/Umno ever listens?

Kingfisher: Well said. And how true. It was quite late in coming especially from a person of your convictions and standing. Your altruism, however, is much appreciated. It must have been quite agonising for you, having to sit "up there" and watch the erosion of minority civil rights.

The fundamental moral challenge facing our society is the manipulation of the institutions and instruments of persuasion and power (also "terror") for sustaining the continued dominance of a specific group and for enforcing discipline and subordination on others.

Dreamwave: When our judges take their oath of office, I believe the oath requires them to defend and uphold the federal constitution. Yet, I was deeply saddened when I read in the papers some years ago when the then chief justice (CJ) said he was a Muslim first and a judge second.

When the CJ acts like that, what defence of the constitution can Malaysians expect. Who was that CJ? I believe he was ... correct, correct, correct!

KSN: Well said, your honour. I hope Khairy Jamaluddin has noted the ‘failed state imminent' comment. The public awaits his and Mahathir's response to this forecast as Mahathir alone is responsible for the pathetic state of the judiciary and the ‘imminent failed state' situation for us.

This report backs Lee Kuan Yew's 'failed state' statement , which he did not say.

Dark Knight: We emphatise with you, Sri Ram. Unfortunately, one swallow does not make a summer. Unless judicial reforms are made, things will remain rotten in the state of Denmark.

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