What Rule of Law and Separation of Powers?

The written constitution of any democrartic country is underpinned by these fundamental doctrines. Be you never so high the law is above you – these words were famously uttered by Thomas Fuller. But the question that this necessarily begs is – What is above the law? Afterall in many countries the idea of an independant ideal of law is nonsense. Law is nothing more than the handmaiden of politics and we create wonderful institutions and devise elaborate rituals to mask this reality.

Wherein political power resides, therein lies the answers to all questions that have a legal-poltical character. It is useless to try an rationalise it in any other way. Law is ultimately a means to an end within most legal systems UNLESS judges perceive their roles as something distinct and independant from politics. Paying lip service to the doctrine of separation of powers and citing it to make decisions of a political character more palatable – is not what I mean by an independant judiciary.

“Judges rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times.” – Judge Warren E. Burger

THE WORLD IN CRISIS

Everyone is in a huff about the global economic slowdown. We are in a global recession and everyone is worried about the future.

My advice – free is the man who expects little and needs even less.

WHO KILLED ALTANTUYA 2?

We now know who killed Altantuya. The question now is WHY?

EULOGY FOR ROTARIAN SIVASHANKER PHF

I am departing from the usual form of articles I post here to commemorate a dear friend who died untimely.

“ He who has gone, so we but cherish his memory, abides with us, more potent, nay, more present than the living man.” ~ Antoine de Saint-Exupéry

God works in mysterious ways. Just 3 months ago, Siva and I were sitting at our regular Rotary meeting. We were having great fellowship and having a few beers, which we did every Wednesday evening. We were talking about community service, politics, religion and our lives. I can still remember Siva going ‘nice’ every time someone cracked a joke or made a funny remark. Siva was a man full of fun and laughter. He had an indomitable spirit and never had a bad word for anyone.

I simply cannot believe that Siva is gone from our lives now because of a heart attack. None of the Brickfield’s Rotarians can.

There are only a handful of people who come into our world, and touch our lives in a dramatic fashion. Siva was one such person. He was a great Rotarian and friend. He lit up every room he walked into with his generous spirit and good nature.

We were so looking forward to him leading our club in the next Rotary year as our President. We know he would have been an outstanding President, just as he had been an outstanding Rotarian. He was a great friend to each and every Rotarian and words cannot express our extreme sorrow – he was a very special Rotarian.

When you are sorrowful, look into your heart
and you shall see that you are weeping
for that which has been,
your delight
~ Kahlil Gibran

I can remember vividly the first time I met Siva several years ago. He was charming, good humoured and had a tremendous enthusiasm for Rotary and for service to his fellow men. He embodied Rotary’s great ideal of ‘service above self’ and we all found it a great pleasure to be in his company. He was a brother to all of us and the word ‘No’ was rarely heard from him. He was a consistent friend, to whom we could turn to for friendship and support.

I can honestly say that there are only a few people who can walk into our lives and change it forever. Siva is one such special person. He taught us that life is short, and that the most important part of life is the people in it.

To his family I wish to say that we love you as if you were our own. In many ways you are. The Rotarians of RC Brickfields join me in saying that we will be there for you in this difficult time. We will try to help ease the suffering that you are going through.

Rotarian Siva, we love you and we miss you more than words can ever express. You have graced our lives more than you will ever know. God bless you and take good care of you.

Farewell My Friend
It was beautiful as long as it lasted
The journey of my life.
I have no regrets whatsoever
save the pain I’ll leave behind.
Those dear hearts who love and care…
And the strings pulling at the heart and soul…
The strong arms that held me up
When my own strength let me down.
At every turning of my life I came across good friends,
Friends who stood by me,
Even when the time raced me by.
Farewell, farewell my friends
I smile and bid you goodbye.
No, shed no tears for I need them not
All I need is your smile.
If you feel sad do think of me
for that’s what I’ll like when you live in the hearts
of those you love, remember then
you never die.
~ Rabindranath Tagore

NEW YEAR AND NEW RESOLUTIONS

The unexamined life is not worth

living. – Socrates

2009 is here. It’s a new beginning and a chance to renew our resolve to do the things we want to. My wish for all of you is that this year you will begin a meaningful journey of self reflection. Understanding yourself better and waking up each day with a greater consciousness as to why you are here.

Life is short, art long, opportunity fleeting, experience treacherous, judgment difficult.
Hypocrites

HAPPY NEW YEAR.

WHO KILLED ALTANTUYA?

The acquittal of Abdul Razak Baginda yesterday raises fresh questions about the prosecution’s strategy in this case. My view is that there are at least 3 possible scenarios:

1. X told some ”friends” of his that he wanted Altantuya taken care of. She was blackmailing him and he wanted her to stop. The “friends” tried to warn her, things got out of hand and they end up killing her to cover up.

2. X ordered the “friends” to kill her – this was the premise the prosecution was working on in the case.

3. X’s “friends” took it upon themselves to deal with Altantuya. Killed her.

X is only guilty of abetting murder in scenario 2. Innocent in scenario 3 but what is X’s liability in scenario 1, which in my mind is the likely scenario.

The prosecution should have examined scenario 1. Think about it.

(MORE LATER)