Constitutional violations rampant
It is amazing and very sad that after just two weeks of our constitutionally mandated election, the rights under the constitution are being challenged and abused left, right and centre. What does this say about Malaysia and us in general?
I am taking issue with three developments this week that show how people have abused the rights accorded under the constitution without shame or regret for either some apple-polishing exercise or just wanton abuse of the tools available to them.
Constitutional violation No 1:
TV3 has come under fire for broadcasting the alleged confession of the JI militants as widely reported.
So that people are not misled, I am totally against any form of militant activities, whether is Osama, Sharon or Yasser Arafat or any organisation such as JI and Al-Qaeda. The issue is if our government has the necessary evidence, why not charge them in court?
Otherwise why has TV3 has chosen to commit contempt of court by airing these confessions filmed in a foreign location without the presence of any other newsman? Surely these people are entitled to the same protection under the law.
Constitutional violation No 2:
The USM authority has charged three students for campaigning against the Barisan Nasional.
I think the constitutional protection of freedom of speech and choice of whom we wish to vote surpasses the provision of the University and Colleges Act, which bars campaigning for election.
I am sure there are many more who campaigned for BN who have been conveniently overlooked, which should be the case. I am surprised, as the USM vice-chancellor tends to give his very liberal view in the New Straits Times where he usually writes as a weekend guest. Cakap tak serupa bikin, I suppose.
Constitutional violation No 3:
This is a surprise but the body, which should be upholding justice, is trying to pervert it by making it compulsory for its members to charge certain level of fees.
I am referring to the news report Lawyers seek higher fee, curb on 'under-cutting'
This is also a violation of the constitutional right of any person to charge what they like in a free economy.
I find any sort of ceiling or minimum price for non-essential items repulsive, be it VCD prices, conveyance cost or auditors' fees. There is supply and demand and if free market operates, no one should meddle with it.
Anyone who has purchased property knows that the forms and work involved is a bog standard work, it is cut-and-paste job. A house buyer is just paying a glorified dispatch clerk to print and dispatch around standard documents. Why should us users pay more if some lawyers want to own three luxury cars and mansions?
Surely when there is so much abuse of the law by others, the Bar Council should be more vigilant and not add to the abuse. Perhaps the Bar Council will appoint someone to help fight the USM Three case pro-bono on the ground that they are constitutionally mandated to protect the supremacy of the constitution above all others.
At the rate our constitution is being abused by all and sundry, it will just be a matter of time before it becomes useful only as a door-stopper.

