Students to take on Najib in GE-13

Saudi imam rapes, tortures 5-yr-old daughter because he 'doubted her virginity'

Muslim "holy man" rapes, tortures, murders own daughter.

A popular Saudi Arabian television preacher was found guilty of murdering his own 5-year-old daughter because he doubted her virginity, as reported by The Daily Mail (of London, England) on Feb. 4, 2013.

Although found guilty of murder, Sheikh Fayhan al-Ghamdi was released after being fined $50,000 (£31,000) as "blood money" under Islamic Sharia'a Law for the death of his child.

Ghamdi had been incarcerated since last November and the presiding judge ruled the handful of months was sufficient time behind bars.

Little Lama al-Ghamdi died this past October after suffering multiple and horrendous injuries at the hands of her father.

In line with Sharia'a Law, a father cannot be executed for the slaying of either his wife or any of his children.

The $50,000 blood money presented to the girl's mother is half the amount if the murdered child were a boy.

According to press reports, Lama suffered the following injuries:

• A broken back.
• Raped multiple times.
• A crushed skull.
• Numerous burns throughout her body.
• A broken left arm.
• Multiple broken ribs.

Man duped with love words for one-day marriage

Mohammed Ibrahim

A divorced Saudi woman seeking to return to her husband picked her mobile phone and dialed a number. When a man answered, she decided he was the right person.

Islamic scholars had told the woman and her ex-husband that she must marry another man before she is permitted to return to him.

The woman’s snare did work. Four months after he knew her, that man agreed to marry her after he was flooded with love words.

On the next day of their marriage, Mohammed Ibrahim woke up in the morning apparently expecting to hear more love words. But his guess was totally wrong.

“Instead, she asked me to divorce her after I paid her SR75,000 dowry for the marriage,” he told the Saudi MBC television.

“I then discovered that she used me as a bridge to return to her first husband….she then went to court and divorced me…when I asked her to give me my money back, she swore before a sheikh (Islamic scholar) that I did not pay her any dowry.”

Cops nab ex-ISA detainee, two others under new security law

KUALA LUMPUR, Feb 7 — Police today detained a former Internal Security Act (ISA) detainee and two others for allegedly committing an unspecified "security offence", this time using the newly-enacted Security Offences (Special Measures) Act, which allows a 28-day detention without trial for the purpose of investigation.

Inspector-General of Police (IGP) Secretariat (Public Relations) Bukit Aman assistant head Asst Comm Ramli Mohamed Yoosuf confirmed with The Malaysian Insider that two men and a woman were arrested and detained for questioning earlier this afternoon.

"We suspect a possible link to terrorism activities. They will be investigated under the Penal Code," he said when contacted here.

ACP Ramli however said police were yet to determine with section of the Penal Code would the trio be investigated under, only adding that going by procedure, they had to be detained under the new ISA replacement Act.

Confirming the arrest in a statement here, Suara Rakyat Malaysia (SUARAM) condemned the authorities for scrapping the 1960 ISA last year but replacing it with another law that it claims still infringes on an individual's right to fair trial and immediate legal representation.

According to the rights group, Yazid Sufaat was picked up with Mohd Hilmi Hasim from the Jalan Duta High Court cafeteria by a group of policemen from Bukit Aman led by one investigating officer Insp Mani at around 12.30pm this afternoon.

Quoting Mani, SUARAM said both men were detained under section 4 (1) of the Act, which states that "a police officer may, without warrant, arrest and detain any person whom he has reason to believe to be involved in security offences".

Yazid, the group said, was formerly detained under the now-repealed ISA in December 2001, was released in December 2008 and currently operates the High Court cafeteria.

"Upon arrest, the police brought Yazid and his worker to the former's residence in Taman Bukit Aman for a search.

"Based on information from lawyer Fadiah Nadwa Fikri, who is at Yazid's home, even up to 4pm, the police were still conducting the search," the statement said.

SUARAM added that the police had informed the men's lawyer that they would be held for two days under section 5 (2) of the same Act.

The section allows the police to delay an individual's right to contact a lawyer for not more than 48 hours if he or she has reasonable grounds to believe that this would interfere with evidence connected to the offence; that it would harm another individual; that it would alert other offenders yet to be arrested; or that it would hinder the recovery of property obtained as a result of the said offence.

Section 4(5) fo the Act also states that, "a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation."

"SUARAM condemns the police for arresting individuals using laws that ignore human rights.

"The right to be represented fairly in court is one that is exclusive to every Malaysian citizen. this right is also protected under the Federal Constitution and the Criminal Procedure Code, which compels the police to bring an accused to court within 24 hours after detention for the sake of seeking legal aid," the group said in the statement.

SUARAM also reminded the government that despite its decision to repeal the British-enacted ISA, which allowed for detention without trial, it had not led to the release of the 23 detainees held previously under the law.

"And today, the government has allowed this Security Offences (Special Measures) Act to continue victimising the people.

"This shows that even after the repeal of the ISA, Malaysians are still living under the threat of draconian laws," it said.

SUARAM urged the police to stop all future and current detentions and investigation under the new law, which it said should be immediately repealed.

The Security Offences (Special Measures) Bill was tabled in Parliament on April 10 last year and passed in June, officially replacing the ISA and removing the government's option to detain without trial.

Under the ISA, an individual believed to have committed a security offence can be detained for up to two years without trial, on orders from the home minister.

But the new Act states in section 12 that "all security offences shall be tried by the High Court".

Breakthrough in Scorpene probe

Suaram says a key negotiator has agreed to testify.

PETALING JAYA: The French probe into Malaysia’s purchase of two Scorpene submarines has taken a leap forward with a key witness agreeing to assist the investigators, according to the human rights organisation Suaram.

Suaram secretariat member Cynthia Gabriel told FMT that the witness, whom she described as “the key negotiator” in the purchase, offered his co-operation after receiving a second subpoena notice last month.

Suaram filed a complaint with the French authorities in 2009, saying it suspected that corruption was involved in the deal.

Gabriel said the witness was “in a very important position” to shed light on what transpired during negotiations for the purchase.

However, she added, the French had yet to fix a date for him to testify.

Last November, Suaram’s lawyer, Apoline Cagnat, said the French judges investigating the case would subpoena seven witnesses, namely Prime Minister Najib Tun Razak, Defence Minister Ahmad Zahid Hamidi, Najib confidante Abdul Razak Baginda, private investigator P Balasubramaniam, Bousted Holdings managing director Lodin Wok Kamaruddin, Mongolian national Setev Shaariibuu and Jasbir Singh Chahl, who is said to be Abdul Razak’s right-hand man.

Shaariibuu is the father of Altantuya, the slain mistress of Abdul Razak. News reports have alleged that she served as a translator in the negotiations.

Gabriel said today that the French had pared down the list to three witnesses, including Najib and Abdul Razak.

The Tribunal de Grand Instance in Paris began its inquiry in April last year over Suaram’s claim that French naval firm DCNS had paid some RM452 million as a bribe to Malaysian officials to obtain a contract for the two submarines.

The purchase was made when Najib was defence minister and the case is linked to Altantuya’s murder.

Gabriel also said Suaram recently proposed that businessman Deepak Jaikishan be considered as witness.

Deepak has been in the media limelight since December, when he began making a series of public statements linking Najib’s family to the Altantuya murder.

Gabriel also said the French judges were in the midst of receiving records of the trial of the two policemen found guilty of the murder.

‘MIC leader used derogatory words against me’

A former banker claims Sabai state assemblyman M Davendran made a very bad sexual remark about her.

PETALING JAYA: A former banker today urged the police to act against Sabai state assemblyman M Davendran who she claims used derogatory words against her.

Viji Lynda Cross, 32, who lodged a police report on the matter on Feb 4, at the Karak police station, also claimed Davendran, who is also Pahang MIC chief, was not fit to be a state assemblyman because his conduct does not befit the position.

Speaking to FMT, Lynda said she was appalled with the way Davendran treated people who went to him for assistance.

“He is really arrogant and ruthless to almost everyone who visits his office,” she said.

Relating her experience, Lynda said she and her mother in-law visited Davendran’s office on Feb 4 to seek information on the 1Malaysia people’s housing project (PR1MA).

“First, we went to the district land office to get information about PR1MA. But, we were referred to the Sabai assemblyman.”

“I am so disappointed. As a state assemblyman, his explanation on PR1MA project was really bad. While we were leaving the office, Davendran started scolding my mother-in-law for not attending a function organised by him last year,” she added.

According to Lynda, Davendran organised a function last year where he gave away sewing machines to Indian women.

“My mother in-law was supposed to have received a machine but was unable to attend the event after her husband was warded in a hospital the same day,” said Lynda.

Lynda said she tried to calm Devandran after realising that the state assemblyman was losing his temper.

“I told him we would get the sewing machine from another MIC leader. He did not like what I said and made a very bad sexual remark about me. He told me I could get the sewing machine or sleep with any other MIC leader to get the machine and that was my problem,” she said.

“I felt embarrassed with the words he used against me,” she added.

Lynda said she had also sent a text message to Pahang Menteri Besar Adnan Yaakob, Bentong MP Liow Tiong Lai and MIC president G Palanivel informing them of the incident.

Ex-IGP a liar, says Hindraf

P Waythamoorthy calls on Musa Hassan to be a gentleman and admit that he spread lies about Hindraf.

GEORGE TOWN: Hindraf chairman P Waythamoorthy has accused former inspector-general of police Musa Hassan of being a liar.

He was responding to Musa’s denial that he had said Hindraf was involved with Sri Lankan Tamil freedom movement, the Liberation Tigers of Tamil Eelam (LTTE).

Waythamoorthy called on Musa to be a gentleman and admit that he made the unfounded accusation against the organisation.

He recalled that Musa had openly accused Hindraf of having LTTE links at least twice, one after the group’s Nov 25, 2007 mammoth demonstration and another in a court document.

“He falsely accused us of having LTTE links. The news was splashed across the media. Now he is unashamedly denying it.

“Musa is a lying again to cover up his earlier lie,” he told FMT.

Yesterday, Musa denied he had said that Hindraf was involved with LTTE in 2007. “I did not say Hindraf was involved with LTTE. I said the police were investigating if there was a link,” he had said.

Waythamoothy recalled that in the aftermath of Hindraf-led mammoth rally at KLCC and before the ISA swoop on several activists, including the movement’s legal advisor P Uthayakumar, on Dec 13, 2007, Musa accused the movement of having links with LTTE.

“Musa’s unjustifiable allegation formed the basis for the ISA detention,” said the Hindraf supremo.

He said subsequently Musa repeated the accusation in his affidavit-in-reply during a civil suit against the former IGP filed by Uthayakumar for unlawful detention under the now repealed ISA.

Waythamoorthy recalled that Musa had also publicly said that the police were hunting him down after the Hindraf leader left the country in 2007 to live in London.

“Musa should be gentleman enough to admit that he spread falsehood on Hindraf. His denial now proves that he is a liar,” he said.

Produce new evidence, Karpal tells Deepak

The lawyer-politician says that the carpet businessman must provide his evidence to the authorities so that the police can reopen the Altatntuya's murder case.

PETALING JAYA: New evidence must be produced to help the police reopen investigation on the murder of Mongolian translator Altantuya Shaariibuu, said DAP chairman Karpal Singh.

“Carpet dealer Deepak Jaikishan must come forward with the evidence. Tell us what you have,” said the lawyer-politician.

Yesterday, former Inspector-General of Police Musa Hassan said that the police must reopen Altantuya’s case if there is new evidence found pertaining to the murder.

In December, Deepak alleged that the prime minister’s wife, Rosmah Mansor had sought his help in getting private investigator P Balasubramaniam to retract his first statutory declaration which implicated the premier’s family in Altantuya’s death.

The businessman also claimed that the prime minister’s brother, Nazim Razak, had helped him to seal a deal with Balasubramaniam.

Deepak is slated to approach the Attorney-General Chambers, to request protection under Whistleblower Act 2010 and Witness Protection Act 2009 before making further expose.

On providing legal protection to Deepak, Karpal said,”Protection must be given to him, especially since this is a high profile case.”

On related matter, PKR vice president N Surendran said that the police should reopen the investigation as there are two men sentenced to death for Altantuya’s murder.

“There is no statute of limitation for murder cases. We must prevent a miscarriage of justice by looking at the new evidence,” he said.

In 2009, two police officers, Corporal Sirul Azhar Umar and Chief Inspector Azilah Hadri were sentenced to death by the High Court for murdering Altantuya.

They have since filed an appeal against the verdict. Trial date is yet to be fixed.

More ‘ang pow’ for the Chinese community

Prime Minister Najib Tun Razak says he hopes the Chinese community will continue to support the BN government.

KUALA LUMPUR: Prime Minister Najib Tun Razak said he was looking forward to seeing how much more the government could help support the Chinese community as there was much more work to do this year.

He said the Barisan National government recognised the importance of having open channels with the Chinese community to better understand their needs.

“Through my Ah Jib Gor alone, we sifted through many suggestions which have formed part of the basis of Budget 2013.

“One area of real importance is education where we have allocated RM100 million to national-type Chinese schools – money which will help refurbish school buildings and buy new school equipment,” he said in the message posted on his blog site.

Through the National Education Blueprint, he said the government was also aiming to increase the number of Chinese language teachers in order to meet student demand.

“And the top students of Chinese secondary schools have been given scholarship to ensure the most diligent minds can continue to serve our society once they have graduated,” he said.

Thus, Najib said it was his hope that the Chinese community would continue to support the government towards this goal.

As Chinese New Year is just around the corner and Malaysia has begun easing into the festive mood, Najib said he was also looking forward to having some Yee Sang, a truly marvellous dish.

“Yee Sang is one such traditional dish which is symbolic of good luck, prosperity and health. To me, this also serves as a reminder of how important the Chinese community is to Malaysia.

“My father, the late Tun Abdul Razak, was very clear on his stance towards the Chinese community, who have helped in the development of our country in many ways since we achieved independence – and I share his vision,” he said.

Najib said he could not imagine a Malaysia lacking the Chinese culture that was so tightly interwoven into the society.

“I think it’s fair to say this enthusiasm has passed on to another generation now that my son Ashman speaks fluent Mandarin,” he said.

In the spirit of 1Malaysia, Najib wished all Chinese Malaysians Gong Xi Fa Cai and a Happy Chinese New Year.

Bernama

PKR: Liow out to sabotage second post-mortem

PKR has lambasted Health Minister Liow Tiong Lai, claiming it is trying to sabotage the second post-mortem on C Sugumar, who was allegedly beaten to death by police late last month.

In a statement today, PKR vice-president N Surendran said that University Malaya Medical Centre (UMMC) has refused to carry out the post-mortem without written instruction from the police.
Earlier, the police have said they have no objection to the second autopsy, however, refused to give written instruction to the hospital.

“Liow (left), as a representative of the cabinet and government, is putting further obstacles to the second autopsy by insisting that the approval must come from the police.

“This is shocking, disappointing and blatant sabotage of attempts to get the second autopsy done,” Surendran said.

According to the English daily The Star, Liow said the ministry could only act as facilitator and has no power to approve the post-mortem.
Refuting Liow’s statement, Surendran (right) said that the Health Ministry has the authority to instruct government-owned hospitals to do the post-mortem.   

“There is no legal requirement that there must be a police instruction (given) to the hospital before a second autopsy can be done. Why is the hospital (UMMC) insisting on it?” he queried.
“This prevents us from making the necessary arrangements for Porntip to come to Malaysia and carry out the second autopsy.”

Although the ministry agreed yesterday to assist in bringing Thai prominent pathologist Dr Porntip Rajanasunand to conduct the autopsy, Surendran still had doubts following this new development.

As such, he urged the prime minister and the ministry to remove any obstacles which would prevent the autopsy from being carried out by Porntip.
Police: Family can choose hospital, not pathologist
Meanwhile, the police issued a statement later today shedding light on the procedures to have a second autopsy.

It said that according to the Attorney-General’s Chambers, the family of the deceased have to submit their application for a second autopsy to the High Court and bear all its cost.

The family can select the government hospital where the autopsy will be carried out, but not the pathologist.

“The investigating officer have to ensure that the descendant of the deceased signs a indemnity letter that the government will not be responsible towards any liability that may occur as a result of the second autopsy,” the statement added.

Berjasa: Third force for Malay voters?

By Mohsin Abdullah,

BERJASA, the party which rose from the "ashes" of the 1977 Kelantan Emergency before finding itself eclipsed after the 1990 polls, is set to resurface and contest the next general election. Sources say an official announcement will be made "very soon" – possibly on Friday.
The party, which has been "quiet" for a long time, had first expressed its intention to take part in GE13 last March when talk was rife that polling would be held then. But their "announcement" last year did not get much attention in the media.

But this time, it is said Malay/Muslim-based Berjasa is "ready to offer itself as the third force" and could provide the platform for individuals who want to take the plunge into the political arena but do not have a party for backing.

The party has always portrayed itself as "a cross between Umno's nationalism stance and PAS' Islamic belief". Perhaps that would "appeal" to the likes of former PAS leaders Datuk Hasan Ali and Nasharudin Mat Isa – don't forget that Berjasa is a PAS breakaway. Or would former Umno man and current Perkasa president Datuk Ibrahim Ali be interested?

It is not known how many members the party has at present or its reach nationwide. Hence, on its own it is not expected to cause a huge impact on the political landscape of the country. But it could be a different scenario should the party form a pact with other political entities.

Berjasa will eye Malay/Muslim constituencies. That's a given so to speak. Its entry into the political arena will see a further split in Malay votes.

Berjasa or Barisan Jemaah Islamiah Se-Malaysia was formed in 1977 following a political crisis in Kelantan, which led to a declaration of emergency in the state. And it played a big role in toppling the then Kelantan PAS state government.

Since Merdeka Kelantan has always been ruled by PAS. And when the party joined the BN in 1973 it was agreed that Kelantan remain a PAS stronghold, with Umno having a "share" in the PAS dominated government. Thus the Kelantan Menteri Besar then was the late Datuk Mohammad Nasir from PAS. The party then was led by Datuk Asri Muda.

Soon after, PAS-Umno rivalry intensified in Kelantan. Menteri Besar Datuk Mohammad Nasir, despite being a PAS man, was seen to be "siding" with Umno and frequently defied party instructions.

Irritated, annoyed and angry even, PAS demanded his resignation. Mohammad Nasir refused and was later sacked from PAS but he remained menteri besar.

A "no confidence" motion against the MB was tabled in the state assembly and carried by the 20 PAS assembly members. The 13 representatives from Umno and one from MCA walked out in protest.

Mohammad Nasir's response was to call for the dissolution of the state assembly. A legal impasse ensued. Followers of Mohammad Nasir held demonstrations in the streets of Kota Baru, expressing their support for him. Violence and looting were reported. The federal government headed by Prime Minister Tun Hussein Onn rushed an emergency bill in parliament which was passed. A state of emergency was declared and curfew imposed in the Kelantan state capital, Kota Baru. PAS was thrown out of the BN.

Three months later, the federal government called for a snap election in Kelantan. Held on March 11, 1978, the election saw the participation of PAS, Umno and a third party formed earlier by Mohammad Nasir. It was named Berjasa.

PAS won only two seats in the 36 seat state assembly. Umno won 23 and Berjasa 11. That meant Umno had succeeded in capturing Kelantan from PAS and won the right to rule the state. That feat was made possible by Berjasa splitting the votes.

Berjasa subsequently joined the BN but did not make much headway in the coalition. Soon, support for the party diminished in subsequent elections. In the 1990 election, Berjasa was part of the Angkatan Perpaduan Ummah, an opposition pact of Malay/Muslim political parties formed by Tengku Razaleigh Hamzah, who was then president of Umno breakaway party Semangat 46.

The pact, together with another opposition front formed by Tengku Razaleigh known as Gagasan Rakyat for non-Malay/Muslim parties failed to topple the Tun Dr Mahathir Mohamad-led BN.

Angkatan Perpaduan Ummah was dissolved when Tengku Razaleigh disbanded Semangat 46 and returned to Umno.

Since then Berjasa's participation in the political fray has been minimal. With the present intention of contesting GE13, is Berjasa ready to be resurrected now? More importantly, what role will it play? What's the game plan?

We Have Crazy Fools Dictating Our Students Listen Listen Listen

Emergency powers of the monarch

The Star 
Reflecting On The Law by SHAD SALEEM FARUQI

A caretaker government’s advice on emergency proclamation is not binding on the Yang di-Pertuan Agong.

THIS column had on Jan 10 noted that the last date for the Dewan Rakyat’s dissolution is April 27; a general election must be held on or before June 26; and the next Parliament must be summoned on or before Aug 25.

This is presuming and praying that no emergency under Article 150 intervenes to suspend the general election or postpone the summoning of Parliament.

In response to the Jan 10 article, some readers have raised enthralling questions of constitutional politics.

First, can the Yang di-Pertuan Agong act on his own initiative to proclaim an emergency even if the Prime Minister does not so advise?

Second, if a PM, who fears defeat at the general election, improperly advises the King to declare an emergency and to postpone the elections, is the monarch bound by this advice or is it constitutionally permissible for him to refuse his premier’s counsel?

Third, is the King’s exercise or non-exercise of emergency power subject to challenge in the courts?

Subjective language: Article 150 states that “If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect”.

A literal interpretation of Article 150(1) appears to indicate that the proclamation of an emergency is within the sole discretion of the Yang di-Pertuan Agong and is within the subjective powers of the monarch under Article 40(2).

Article 40(2) states that the Yang di-Pertuan Agong may act in his discretion in the performance of three enumerated functions, namely appointment of the PM, dissolution of Parliament and convening of the Conference of Rulers, plus “in any other case mentioned in this Constitution”.

The subjectively worded powers of His Majesty under Article 150(1) appear to fall nicely within the category of “any other case mentioned in this Constitution”.

This interpretation is supported by some scholars like Hickling. It also gained credibility due to two historical events.

In the case of Madhavan Nair, then Prime Minister Tunku Abdul Rahman submitted in court that “I personally presented the said Ordinance to His Majesty… for his consideration and approval. Having considered the said Ordinance and after being satisfied … His Majesty approved the promulgation of the said Ordinance”.

In 1983, the then prime minister, Tun Dr Mahathir Mohamad, pushed through Parliament the Constitution (Amendment) Act 1983 which amended Article 150(1) to read: “If the Prime Minister is satisfied that a grave emergency exists … he shall advise the Yang di-Pertuan Agong accordingly and the Yang di-Pertuan Agong shall then issue a Proc­lamation…”

The 1983 amendment elicited strong opposition from the Confe­rence of Rulers and was consequently repealed in 1984. But its story firmly planted the seeds of belief that in times of emergency, the Yang di-Pertuan Agong may act on his own without reference to the Cabinet. Otherwise, why was this amendment necessary?

The ground-breaking case of Public Prosecutor v Mohd Amin Mohd Razali (2000) lends partial credence to this view.

According to the High Court, if during the dissolution of Parliament there is no Cabinet in existence to advise the Monarch, then the King is empowered to issue a Proclamation of Emergency on his own.

Even if a caretaker government is in place, the caretaker government’s advice on national emergencies is not binding on the Yang di-Pertuan Agong.

King acts on advice: However, there is a long line of academic and judicial opinion that despite the subjective language of Article 150(1), the declaration of emergency by the monarch is a non-discretionary power to be exercised on advice.

This was also the opinion of the Reid Commission.

In Madhavan Nair v Government (1975), Justice Chang Min Tat opined that emergency rule does not displace the King’s position as the constitutional monarch, bound by the Constitution to act at all times on the advice of the Cabinet.

Reference may also be made to similar opinions in Teh Cheng Poh (1979), Stephen Kalong Ningkan v Tun Abang Haji Openg (No. 2) (1967); Balakrishnan v KP Perkhidmatan Awam (1981); Merdeka University (1982); Stephen Kalong Ningkan v Government (1968); Abdul Ghani Ali @ Ahmad (2001); and Karam Singh (1969).

In the light of the above cases, it is submitted that the proclamation of emergency by the King is not free of the constitutional requirement to act in accordance with the advice of the Prime Minister.

Article 150(1) that bestows emergency power must be read along with Article 40(1) and 40(1A) that impose a duty to act on advice.

Even under the Amin Razali ruling, if Parliament is sitting and the Cabinet is in existence, the Yang di-Pertuan Agong exercises his emergency powers on advice.

Judicial review: But what if the ruling party abuses emergency powers to subvert the Constitution, to overthrow unfriendly state governments and to postpone elections?

In India, the federal government has repeatedly abused emergency powers to remove elected state governments and to impose federal rule. Statistics indicate that state governments, often controlled by opposition coalitions, were federalised 103 times between 1950 and 1995!

The Supreme Court of India, therefore, intervened in S R Bommai’s case (1994) to hold that the validity of a proclamation can be judicially reviewed to determine whether it was issued on relevant material and whether it was in bad faith.

Malaysian jurisprudence is, however, generally in favour of judicial non-intervention on the issue of proclamation of an emergency: Stephen Kalong Ningkan (1968) and PP v Ooi Kee Saik (1970). A constitutional amendment in 1981 barring all judicial review of emergency powers under a new clause 150(8) seems to put the issue beyond all doubt.

However, there remain seeds here and there in the Kalong Ningkan cases that mala fide (bad faith) may be a ground for judicial scrutiny of emergency powers.

It remains to be seen whether these subdued voices will one day become mainstream.

Till then, it can be summed up that a government with a majority in parliament (but not a caretaker government) has the right to give binding advice to the King relating to the exceptional powers under Article 150.

However, if the government abuses its emergency powers for wrongful purposes, three possibilities come to mind. First, a sagacious monarch may delay, caution and warn. Second, he may refuse to issue the proclamation and his refusal cannot be reviewed by the courts because of Article 150(8) which cuts both ways. Third, there is some possibility of scrutiny by the courts of issues of mala fide – remote though this possibility is on existing jurisprudence.

>Shad Saleem Faruqi is Emeritus Professor of Law at UiTM. He wishes all Chinese brethren a Happy Chinese New Year.

Attention To Be Given To Reducing Teachers' Workload - Najib

PUTRAJAYA, Feb 7 (Bernama) -- One of the transformation efforts to be given attention in implementing the National Education Development Blueprint (2013-2025) is finding a suitable formula to reduce the workload of teachers.

Prime Minister Datuk Seri Najib Tun Razak said this was among the matters that had been discussed with Deputy Prime Minister and Education Minister Tan Sri Muhyiddin Yassin in implementing the blueprint.

"This change will be effected to lessen teachers' tasks that are not related to their prime responsibility as educators," he said when speaking at Sekolah Sultan Alam Shah's Golden Jubilee celebration, here, Thursday.

Also present were Najib's wife Datin Seri Rosmah Mansor, Deputy Education Minister Dr Mohd Puad Zarkashi and Education director-general Tan Sri Abdul Ghafar Mahmud.

At the function, Najib also announced a special allocation of RM1 million for the school.

He said the achievements and success of a school depended very much on the teachers, therefore, their needs should be given priority as a motivation for them in serving the nation as educators.

The prime minister said the effort was also in line with the government's desire to produce quality human capital who are able to think critically and creatively.

"We need to understand that competition in the 21st century requires us to come out with more outstanding ideas as countries with better ideas would emerge tops in the world.

"So, it is hoped that every school including Sekolah Sultan Alam Shah can produce such individuals who are able to compete at the global stage," he said.