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Monday, August 19, 2019

Tag: Gopal Sri Ram

Ex-judge: Court not using power it has over EC

Laws are in place to give judges the power to remedy an injustice in the case of seven Melaka voters and MPs against Election Commission, says Gopal Sri Ram.

Ex-judge: Any provision that denies judicial review is illegal

Federal Court ruling on Indira Gandhi case makes it clear that no federal or state law can interfere with the power of judicial review, says Gopal Sri Ram.

Amend constitution, law to bring certainty to child conversions, say legal...

It is possible for another apex court not to follow the pronouncement in Indira Gandhi's case and the safest course is to amend Article 12 (4) of the Federal Constitution to end such conversions, says Sri Ram.

Indira Gandhi verdict has far-reaching implications, says ex-judge

Retired Federal Court judge Gopal Sri Ram says the judgment affirms several principles, including the doctrine that parliament cannot enact any law that interferes with the courts’ power of judicial review.

Ex-judge cites 3 reasons why Court of Appeal judgments delayed, suggests...

Gopal Sri Ram says the judiciary must urgently remedy the problem of late judgment delivery as the COA is the engine of the judicature.

Ex-judge: Improper for Bar to talk on appointments at OLY

Gopal Sri Ram says Bar will be lacking in decorum and propriety by raising the matter in the presence of persons whose appointments are being challenged.

Courts fail voters in EC redelineation challenges, says Sri Ram

Retired judge, lawyer say voters suffered a setback as courts were not prepared to hold EC accountable over redrawing of boundaries and procedural issues.

Malaysian cabinet members have equal status, says ex-judge

Any attempt to deny this fact is seditious and an attempt to overthrow the Federal Constitution, says Gopal Sri Ram.

Ex-judge says court failed to use its additional powers in EC...

Paragraph 1 of the Courts of Judicature Act 1964 gives judges the additional power to remedy a wrong, especially on fundamental rights enshrined in the Federal Constitution, says Sri Ram.

Federal Court: Sabah, Sarawak cannot depend on 1962 report to enforce...

The five-man bench also rules it has no power to give effect to a provision in the 1962 Inter-Governmental Committee Malaysia Report to compel judges from the two states to sit in the Federal Court to hear appeals coming from these states.

Bid to revoke suit by PI Bala’s widow: Court to rule...

Lawyer Gopal Sri Ram, appearing for A Santamil Selvi, has argued the merits of the case should be heard as there are numerous triable issues.

Hak untuk tidak beragama juga dijamin perlembagaan, kata bekas hakim

Bekas hakim dan peguam memberikan pandangan undang-undang mereka berkenaan kenyataan Asyraf Wajdi Dusuki di Parlimen semalam.

Atheism is not unconstitutional, legal minds tell deputy minister

Freedom of religion includes freedom not to be part of any religion, and the state cannot compel every citizen to follow some religion, say an ex-judge and a lawyer.

Court: Lawyers can claim legal fees from frozen funds

Court of Appeal rules in favour of 3 legal firms, says any denial of money for services rendered is a violation of their livelihood under the Federal Constitution.

Zunar wants travel ban plea to be decided by Federal Court

The 1979 Federal Court ruling that the right to travel is not an infringement of personal liberty is an invalid precedent, says lawyer Gopal Sri Ram.

Poor judgments a reflection of today’s judiciary, says ex-judge

The legal foundation of some of the judges who come from the Judicial and Legal Service is very weak and, in some cases, non-existent, says Gopal Sri Ram.

Court rules retired judge can appear for client over Orang Asli...

Court of Appeal says there is no merit for Saling bin Lau Bee Chiang and 70 others to disqualify Gopal Sri Ram from representing former lawyer S Kanagawi.

Jho Low lakukan 4 kesalahan mengikut undang-undang negara, kata bekas hakim

Gopal Sri Ram tidak bersetuju ahli perniagaan itu tidak menyalahi undang-undang negara.

Jho Low committed 4 offences locally over 1MDB, says ex-judge

Gopal Sri Ram says the businessman can be prosecuted for CBT, conspiracy to commit CBT, abetment of CBT and cheating.

Ex-judge: AG should lodge police report over Raja Petra’s allegation

Given the nature of the comments and the seriousness of the allegation, this is a case of criminal defamation, says Sri Ram.

Ex-judge: Fatwas are not equivalent to laws passed by legislatures

It is the Act of Parliament that has legislative authority, maintains Gopal Sri Ram.

New govt must legislate judicial reform, says ex-judge

The Judicial Appointments Commission must be given constitutional status to recommend appointments of judges to the king instead of the prime minister, says Gopal Sri Ram.

Govt lawyer: No need for judge with Bornean experience to hear...

Sarawak government argues, in timber firm’s appeal before the Federal Court, that there’s no need for a judge from Sabah or Sarawak to sit on the Federal Court to hear any case originating from these two territories,

Zaki’s remark on constitution could set bad precedent, says ex-judge

Gopal Sri Ram says calling rule on retirement age for judges 'archaic' is dangerous as other provisions could then be questioned, taking country down 'slippery slope'.