The courts have found themselves increasingly dragged into the political arena in the bitter fight between the ruling coalition and opposition alliance.
The sheer volume of ongoing political court cases is unusual and it is hurting its people, political observers noted.
Take Perak. After three Pakatan Rakyat assemblymen quit the opposition coalition, allowing the ruling Barisan Nasional to take over the state, there have been a plethora of suits from both sides, challenging the legitimacy of the other's government.
It has been hard to keep up, with new lawsuits — often offshoots of earlier ones — mushrooming every other day.
As politicians get caught up in the booming number of court cases, it seems natural to wonder if they have time to fulfil their own duties.
Beyond that, the government has been accused of using the courts more and more to quell dissent on the Perak issue.
Eight people, for instance, were charged in court this past week for allegedly posting comments online that insulted the Perak Ruler. Sultan Azlan Shah had come under fire in cyberspace for recognising the BN government in Perak.
This was the first time that the authorities had invoked this cyber law, triggering alarm bells among netizens in Malaysia's politically active blogosphere.
The reason for politicians to take the fight to the courts, presumably, is to refer the issue to a neutral party. Courts are supposed to arbitrate objectively, dealing with disputes based on the law.
But when politics is mixed with the law, the resulting brew can be murky. The public perception is that the courts will be pressured to rule in favour of the authorities, lawyers tell The Straits Times.
The more the courts find themselves in the political spotlight, the greater the danger that the judiciary could be tainted by association.
“The courts will be scrutinised. If there is the slightest hint that they are making decisions based on political pressure, they will be criticised,” said Universiti Malaya law lecturer Azmi Sharom.
“It will get harder and harder for them to regain their credibility.”
Going to the courts may also not provide quick closure. Suits may drag on for a while. Even if one judge rules a certain way, a countersuit can be filed — which is happening in the Perak cases.
This is not a long-term solution, certainly not when you have a political deadlock, said Bar Council president Ragunath Kesavan.
“Whatever the court decides, it does not reflect the feeling on the ground,” he told The Straits Times. “In the case of Perak, for instance, the best way is to go back to the people to get a mandate.”
But at this point, the opposition does not have much choice. Faced with the current impasse, going to the courts appears to be the only way to continue the fight.
Former Perak Menteri Besar Datuk Seri Nizar Jamaluddin, who turned 52 on Tuesday, told reporters on his birthday that he will battle on for years if necessary.
At the very least, this will keep the Perak issue in the public's consciousness. — Straits Times
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