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Tuesday 17 January 2012

THE JUDICIARY : PAKISTAN vs MALAYSIA. YOU DECIDE!

With thanks to brotherAZAM 64A


Asia Pacific News 

ISLAMABAD: Pakistan's top court on Monday found Prime Minister Yousuf Raza Gilani in contempt for not complying with orders related to re-opening corruption cases and summoned him to appear in person this week.

The move escalates the pressure on Pakistan's weakened civilian government, which faces separate court procedures that could unseat its leadership and force early elections at a time of soaring tensions with the powerful army.

"The Supreme Court has issued a contempt of court notice to the prime minister for not complying with its orders," Judge Nasir-ul-Mulk told the court which met to debate how to proceed on graft charges against the president.

"He has been directed to appear personally on January 19," the judge added.

The Supreme Court wants the government to write to Swiss authorities demanding that they re-open old corruption cases against President Asif Ali Zardari, which the government has so far refused to do so.

Asif Ali Zardari and the government led by his Pakistan People's Party (PPP) say he has immunity from prosecution as long as he remains in office.

The president is also under pressure from an investigation into who was behind efforts to solicit American help to prevent a coup apparently feared in the aftermath of Osama bin Laden's death and to clip the power of the army.

Asif Ali Zardari's close aide, Husain Haqqani, was forced to resign as ambassador to Washington over a secret memo written last May and the Supreme Court ordered an inquiry on December 30 following a demand from the country's chief spymaster.

- AFP/ck





comment by : azam 64A


Prime Minister, President, semuanya kena patuh kpd undang-undang dan mahkamah.

Pakistan, India, Malaysia inherited a system from the British. We can learn something by taking a look at what happened to them post independent. The system was and is considered to be good, about the ideal for this age. It came about through a lot of trial and error at a cost that was not small in terms of human lives, sufferings. It also saw great minds contributing to the needs of humanity. There was also
the influence of revealed religions.

The system was a govt that was to be elected by the people, one person one vote. The economy was to be a free enterprise or capitalist (something advocated by Islam, the excesses to be controlled). The judiciary is to be independent, not controlled by the executive or
legislature . Islam puts a strong emphasis on the rule of law, with everybody equal before it.

Malaysia prospered 10, 20, 30 years post independent but not India or Pakistan. Malaysia was fortunate that during these years it did not tamper with the system. India under Jawaharlal Nehru chose socialism state control enterprises. This killed off individual initiative.State enterprises always equal inefficieny everywhere and in all ages.


In the last 20+ years India allowed more of free enterprise. This resulted in the economic gains since, althoug India is still a poor country with over a billion people. A middle class of millions much more than the whole population of Malaysia is present now. The top entrepreneuers have become world class billionaires. They may work to enrich themselves but at the same time others also gain through employment and other spin off effects.

Pakistan was mostly post independence under military rule a kind of dictatorship. It had never seen an economic growth take off. Only in the last few years was an elected govt in place. Can we see an economic take off in Pakistan in the near future? We have to wait,what form of govt that will be ruling will be the big deciding factor.

One important and major feature that India and Pakistan differs from Malaysia is that both retained judicial independence. As we can see from the above article the court can order the prime minister or the president to come and answer to it. Contrast this to Malaysia. We can see how far we have diverged from a common system. Malaysia claims that because of one case, that too involving an a..e hole, its judiciary is independent. Our govt is suppose to be a govt of the people, the people are not satisfied with the many unsettled cases involving the highest of people and policies. These cases should go before a really independent court and the trial fair and transparent. 


The world is laughing at us, our lives, our fate revolve around an a..e hole.

What is the importance of one person one vote? A person can be wise or an idiot, but collectively the people tends to know what is best for them and make the right choice. That the govt will have to face the people in an election is also impt. This serves to control those in power, put a balance to their excesses and reminds them that they are serving the people. India always have had elections, the idea of one
person one vote ie deeply entrenched. Not so in Pakistan. This is the main reason why India is on the road to economic prosperity. That India was failing for about 40 yrs post independence was because of socialism, not because of democracy. The effects of democracy may be slow but what other method will the people have to change a govt that
had failed them. See Syria, no elections, it is going to be a very painful process to change the govt.

Malaysia after 30 years of being the model for the world, began tinkering with the system that had served us well. The effects can be readily seen, our economic growth is slowing down, the future bleak.


Our budget deficit is increasing very fast. We may be like Greece soon and the PIGS nations of Europe. People are unhappy and question the voting process - vote buying, rigging, merry gandering. One person one vote will lose its meaning, if we the people don't do anything.

azam 64A

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