UUCA: It doesn't matter what Federal Court says

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YOURSAY 'Regardless of what is going to happen at the Federal Court, even if it's overturned, the point has been made about what students can do and cannot do.'

Section 15 of UUCA unconstitutional, rules court

Kim Quek: That our university students should have been shackled by such uncivilised laws for 40 years is a terrible indictment of the repressive nature of governance under the long-ruling BN government.

Congratulations to both Court of Appeal judges Hishamuddin Yunus and Linton Albert for their courageous decisions to uphold justice and restore the democratic rights of our students.

For Hishamuddin, it is another feather in his cap for a series of judgments that have consistently upheld our constitution, which is a rarity in a judiciary system characterised by overt political partisanship and mediocrity.

1M: ‘What the decision entails is that university students can now freely express their opinions as long as they do not violate public security.'

I hope the Johor Sultan Iskandar Shah is reading this . There is nothing wrong with students holding rallies to express their opinions. The students don't have to toe Umno's line, this is supposed to be a free country.

Paul Warren: I've got to congratulate the two judges who are brave enough to take a contrarian view. Are some conditioned to not take a position that might be seen to be opposing the powers-that-be?

Swen: We are at least seeing some light at the end of the tunnel where justice is so often blocked on many instances, especially where political implications are concerned in this country.

We can be glad and say now that the Court of Appeal has, at best, two out of three justices who rule as the constitution mandates. We need more non-partisan judges.

Ksn: This judgment was delivered because Justice Hishamuddin is sitting there - a fair and objective judge as one should be.

But wait for the attorney-general appeal to the Federal Court and they will reinstate the High Court decision. Hishamuddin should be our chief justice, but then that is unlikely as he not an Umno crony.

Regardless of what is going to happen at the Federal Court, even if it's overturned, the point is made and made emphatically with pure common sense, in layman's terms, about the things the students can do and cannot do.

This is one of those rare days and rare judgments from the judiciary. All gratitude and appreciation to justice Hishamuddin.

I wish and hope that all our students will take note of this and act quickly before the Federal Court overturns this judgment.

Nil: If Section 15 (5) of the Universities and University Colleges Act (UUCA) is unconstitutional, why was it there in the first place? What were our lawmakers doing? Doubtless, there are many, many such unconstitutional laws.

Lim Chong Leong: This bench's 2-1 decision is no surprise. What I am most concerned is Federal Court. This is pre-GE13 decision. After the 13th general election, the Federal Court decides.

We know we had an Umno chief justice who has just retired. We don't know how much more influence Umno has over the bench. We can only suspect.

Vijay47: Justice Hishamuddin has clearly expressed his unreserved repugnance to Section 15's debilitating restrictions on the growth of thought of reformers and thinkers.

He added that he is fully unable to see how the right of students to express their preference to a particular political persuasion is a threat to public order and morality. On what grounds will government then make its appeal?

PM Najib Razak has proudly announced that he wishes to make Malaysia the best democracy, not just in Asean or Asia but in the world.

I cannot see how he could hope to achieve anything even remotely reflecting freedom and democracy if as threatened by lawyer Muhammad Shafee Abdullah (who represents Universiti Kebangsaan Malaysia in this case), an appeal is indeed lodged to restore the darkness.

Jesse: It is indeed an enlightened decision by wiser minds based on sound constitutional principles in a nation constantly blighted by ‘corrupted' judicial minds.

Thinkers and intellectuals in university management have almost disappeared. They generally behaved like government departments and stifled young intellectual development just to please mindless politicians.

There is still hope yet for some quarters in the judiciary whose integrity has been under questioned so often with no written judgement in some cases and plagiarism that goes unpunished.

Simon Lee 3ed5: A swallow doesn't make a summer. What's there really to celebrate this short-lived victory when the judiciary is dead overall and there is no real justice for the rakyat under a corrupt and racist regime where meritocracy is a dirty word and the best are not leading every institution of our nation, especially the judiciary.

The recent verdict on the Perak fiasco, Najib's subpoena in the Anwar Ibrahim sodomy trial, the royal commissions on Teoh Beng Hock and VK Lingam. and the blatant corruption with impunity highlighted in the Auditor-General's Report year in and year out are horrifying examples.

The yet-to-come final verdict on the appeal of this case is a foregone conclusion.

Section 15 of UUCA not needed, says MCA Youth

Wfworker: In better universities, students are not only encouraged to think independently but are judged by that factor.

Here, BN has thought otherwise; hoping that in the end, no matter what has become of them, they only need to be follow instruction timidly.

Now that MCA has taken the stand that it is wrong for the Act to be applied, what if the government persists?

Surely you cannot be in the government which contradicts your philosophy of fair and good governance. At the moment, MCA can only echo others, but can you lead by resigning from the government with which you have disagreed?

 


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