I refer to the statement made by Abdullah Ahmad Badawi that the cabinet had decided that Anwar should have his surgery done locally.

For Abdullah's information, Anwar's case is not within the province and jurisdiction of the Malaysian cabinet to decide which incidentally comprises mostly 'enemies' of the ex-DPM. Anwar's case is still within the province and jurisdiction of the Malaysian court since he has not exhausted all his appeals. Legally that man should be free and out on bail pending the disposal of his appeal at the Federal Court. Until his appeal is finally exhausted, Abdullah should be advised not to comment unless of course he and his cabinet colleagues, notably Dr Mahathir Mohamad, could influence and dictate the courts in coming to their decision.

I think it is high time for the Malaysian judiciary to play its constitutional role as one of the organs of the Malaysian government to regain back whatever credibility that is left of the Malaysian judiciary in the public's eye. While Mahathir is the head of the executive, Mohamed Dzaiddin Abdullah on the other hand is the head of the judiciary. Both rank equal in status. One of the functions of the judiciary in our system of parliamentary democracy is to check on the excesses of the ruling party and the executive. Therefore, those who become judges must have the moral and judicial courage to make fair decisions in accordance with the law, in sanctity with their oath of office. They are the King's judges.

The Anwar case is one incident in which the executive had acted beyond the boundaries of fair play and what was legally permissible; and it is the general public's opinion that the judges who adjudicated the cases had failed miserably and succumbed meekly to the threats and dictates of the executives. No wonder Anwar is still in jail when he should be out on bail.

Anwar's lawyers should thus consider applying to the courts for bail so that he could be treated abroad. And his application must be heard by some independent-minded judge who should decide the application purely on the merits of the case and in accordance with established legal precedents. They should keep politics out of judicial forums.