AMBIVALENCE BETWEEN POWER AND MERE ILLUSION


Since March 8 2008 there has arisen a new modus operandi which has been displayed by the Royal Malaysian Police Force(RMPF). Many articles concerning the abuse of the powers by the RMPF all over the nation have been posted in the alternate media. The Editors of the main stream print media have become mentally impotent when it comes to reporting such wide spread abuse or they have been inflicted with a new age disease known as “abuse amnesia” which would translate to loss of memory on abuse.

The Federal Constitution under Article 5 explicitly provides that “No person shall be deprived of his life or personal liberty save in accordance with law.” We do not have to remind the policemen that the Constitution is a supreme document which is above the Police Act and the Penal Code from which the RMPF derive the powers to perform their duties and responsibilities as entrusted upon them.

To be specific and to the point, the Police Act only provides for the manner in which the RMPF are to carry out their duties and responsibilities. The police are to maintain law and order so as to ensure that the people who live in the community in which they serve are able to enjoy their personal liberty and their rights as enshrined in the Constitution.

It is of common knowledge that other than the Constitution which states what are our rights, all other Laws promulgated by Parliament basically provide for provisions of what, we are expected not to do. Consequently, when we run foul of the law, the law has to be upheld at all costs and not on the basis of selective prosecution, which has now become the order of the day.

The cow head demonstration some months ago is now perpetually itched in our minds. The manner in which the demonstrators’  carried out their despotic acts of notoriety when they took along a  blood-soaked cow’s head and paraded with it, with some of the protesters stomping and spitting on it, is ignominious and inglorious. They were fully aware that the cow is considered sacred to Hindus. But the policemen on duty just stood by and watched without taking any action.

The barbarians can be easily identified from the video recording. Why were they not arrested and kept in remand, for having to carry out the required investigations?

On the other hand some months ago the Officer in Charge of the Brickfields Police Station did act like a mad man or his acts were more akin to that of a lunatic who had just escaped from a mental asylum or he appeared to be more like a barbarian of the bygone era where the pirates who roamed and pillages the sea going vessels during the 13th. Century, when the vessels were passing the Straits of Malacca.  He arrested a group of peaceful passive protesters carrying out a candle light vigil on the death of democracy. He even arrested Lawyers on Duty, who were there to advice their clients’

Then we had the arrest and detention of Thresa Kok under the Internal Security Act(ISA) based on a false police report made against her. A Chinese News Paper Reporter was arrested under the ISA for reporting a statement made by a politician, and based on public outcry was released within 24 hours, on a statement that she was arrested for her own SAFETY.

Now we are wondering, as to what is the nature of reality. We also wonder whether the police force only arrest people who are of the ethnic origin of Chinese or Indians or opposition politicians on frivolous issues.

Or is there a hidden agenda which has been hatched by the authorities to take no action when the people of the ethnic origin of Malays carry out barbaric acts. Or has Najib given the authorities his tacit consent for such dastardly acts to be perpetrated, to test the reaction of the other races and the opposition politicians and their tolerance level.

Since March 2009 the behaviour of the police in the State of Perak especially against our elected State Assemblymen who are from the Pakatan Rakyat(PR) Coalition, is inglorious. The October 28 video of what happened to the PR Assemblymen and in particular the Speaker Sivakumar only goes to establish the tragedy of the rape of the Perak State Assembly by Najib and the subliming pain faced by the PR Assemblymen and the low magic of a formal usurpation of illegal power, and how the police are glorifying the inglorious.

On the other hand Zambry seems to give the impression that all is well. Whilst the populace of Perak seem to feel that the tragedy in Perak gives it a pitiable and a terrible series of events and a palpably fictitious grandeur to Zambry’s holding of the office of the Chief Minister.

Now we have the Judiciary descending into the role and ensure that the police can have a blanket Injunction on a non existent act or cause or matter. The Judge does not seem to appreciate that an Injunction is an equitable remedy. Does this mean that virtue has flown out of the window and the judiciary have lost the strength and the will to act with impartiality So has morality become mere moralism and the Judges ethics mere feeble goodness.

If we claim to be as civilized society, we should all be aware that power always tends to corrupt. We also are aware and understand that in any civilized society there has to be in place a proper system for check and balances.

The Judiciary has and must be independent of the Government. The Judges are supposed to be the guardians of the peoples liberties and they must restrain from the abuse of power and must stand firm against the oppression of the liberty of anyone as provided for in Article 10 of the Federal Constitution in respect of the freedom of speech, assembly and association and as further declared under Article 20 of the Universal Declaration of Human Rights of the United Nations Organisation.

Therefore the “Unilateral” application of a blanket “Injunction” to restrain the exercise of our rights under Article 10 of the Federal Constitution , as applied for by the police before October 28 of 2009 was an application based on an illusion and the granting of the exparte Injunction by the Judge of the High Court was based on grounds which were not bona fides or good faith, but premised on a logical fiction. The judge must have been ambivalent and supported the presumptuous fears of the police who are heavily armed whilst the public and the opposition politicians would never in their wildest dreams have been able to arm themselves.

As such the Judge has committed a judicial misconduct by the granting of a negative Injunction. This absolute abuse of the power by the RMPF and the Judiciary and all the other Institutions of the State have only increased the strength and the staying power of the voting populace to concentrate on their pursuits to change the Government.

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One Response to “AMBIVALENCE BETWEEN POWER AND MERE ILLUSION”

  1. boscopa Says:

    Yes. I am the author of this post.

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