Ladies and gentlemen,



I am privileged to give this Opening remark in SBC’s 1st edition of the Constitutional Law Forum. I thank all eminent speakers, organising Chairperson Ms Sharon, special mention to Mr. Roger who worked hard in ensuring the success of this forum, and last but not least to everyone who gathered here today.



This forum was pre-planned for several months before we initially promoted it in December 2016.



As Chairman of Selangor Bar, I view the importance of Constitutional Law to the development of this nation as a great foundation in ensuring our future generations a better and brighter future for them.



Speaking of the Rule of Law in our country based on the 3 distinct but kindred precepts that were also enshrined in our Federal Constitution, Selangor Bar shares the same virtue as the Bar Council’s aim to uphold the rule of law and the cause of justice.



Bear in mind, casting your votes every 5 years, is not the only reflection of democracy. The true spirit of it also lies in the Freedom of Speech1, Association, Press and Assembly.



My predecessor2 who is now Bar Council’s Deputy President spoke of the abusive laws that were used to silent dissent which send a chilling effect to the society. It seems the conscience and democratic responsibility of certain individuals or bodies are not honoured as what they have pledged before they hold office. It only displays that wide powers breed arbitrariness that must be curtailed and/or confined its powers to promote responsibility on their part.



Eg: Sedition Act 1948, National Security Council Act 2016, Security Offences (Special Measures) Act 2012, Peaceful Assembly Act 2012, Communications & Multimedia Act 1998 & etc.



On another note, we lauded and commended the recent decision of Court of Appeal in Mat Suhaimi Shafiei3 and Safwan Anang4 in declaring that Section 3(3) of the Sedition Act 19485 is unconstitutional and that judges were told to take “tooth comb” approach to scrutinise and evaluate disputable statements when presiding over sedition cases.



Equally, we are keeping in sight of the coming decision of Federal Court in the case of Indira Gandhi6 on the issue of unilateral conversion. We hope that the Federal Court will uphold what has been enshrined under Article 8 of the Federal Constitution7, and the 11th Schedule of Section 2 (95) on the construction of singular to be read as plural. In addition, the Federal Court’s decision in S. Deepa8 makes it clear that civil courts are solely powered in dissolving civil marriages and deal with custody, care and control of children born from such unions. Civil court is the proper forum to decide on the dissolution of marriages where one spouse had converted to Islam.



We also are of the view to ensure access to justice is being made affordable and available even for those in destitute. This is in hope whatever glitches and defaults occurred in the current legal aid system made available to the public at large will be resolved soonest.



With regard to judicial decision that determine the rights of private persons, we hope that the judiciary will always uphold the 3 main principles of independence, impartiality and integrity in order to discharge their duties efficiently in being the guardian of the Constitution.



So much more legal and constitutional matters are coming their way in 2017. I do hope and wish for the best for this nation.



I would like to end my opening remark from an excerpt of the Proclamation of Independence9 of Malaysia, 31 August 1957;



“...with God's blessing shall be for ever a sovereign democratic and independent State founded upon the principles of liberty and justice and ever seeking the welfare and happiness of its people and the maintenance of a just peace among all nations.”



Thank you.



SALIM BASHIR BASKARAN 

CHAIRMAN 

SELANGOR BAR COMMITTEE





13 JANUARY 2017

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  1. Article 10 of the Federal Constitution

    2. 
	
  2. http://www.themalaymailonline.com/what-you-think/article/freedom-of-speech-and-expression- must-be-resolutely-protected-george-varugh

    3. 
	
  3. Mat Shuhaimi bin Shafiei v Kerajaan Malaysia Civil Appeal No: W-01(A)-115-04/2015

    4. 
	
  4. Muhammad Safwan bin Anang @ Talib v Pendakwaraya and another appeal [2016] MLJU 1120

    5. 
	
  5. Act 15

    6. 
	
  6. Federal Court Civil Appeal Case No: 01-17-06/2016, 01-17-06/2016 & 01-17-06/2016

    7. 
	
  7. Fundamental Liberties - Equality

    8. 
	
  8. Federal Court Civil Appeal Case No: 02(F)-5-01-2015 & 02(F)-6-01-2015

    9. 
	
  9. http://www.harimalaysia.com/tunku-speech.html

    10.

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