July 18, 2000 

The courage of the Bar Council

The Constitution of any country is the highest law in the land. It establishes the authority for government organisation and operation. It defines the separation of powers between the various branches of government. 

It defines the powers which are reserved to the states and, most importantly, it protects the rights of the people.

Whenever the government acts beyond the powers given in the Constitution, there is a crisis. The people naturally react strongly to preserve their rights wherever these are seen to be abridged. 

But the police power is vested in the government, and the government may abuse these rights for various reasons, usually to avoid the consequences of malfeasance in office.

In Malaysia, the abuse of power, as seen in the failure of the party elected to uphold acceptable standards of conduct in the operation of governmental affairs entrusted to them, has become so blatant that a great majority of the citizens feel their basic freedoms have been eroded beyond acceptable limits. Just how to restore an acceptable balance is in constant debate, and the party in power is at constant pains to avoid an accounting.

In an effort to discuss what peaceful means may be available to restore a constitutional government, the Bar Council of Malaysia has called meetings to fully address perceived failures in the judicial branch of government to regulate itself so that acceptable norms of conduct are maintained.

Through trite subterfuges these meetings have been frustrated by parties whose conduct is in question, and the judiciary has inappropriately allowed injunctive relief and costs to be used in a punitive manner to chastise and intimidate the members of the Malaysian Bar.

To its credit, the Bar members have rejected these attempts unanimously, and have proceeded to act in accord with basic principle in defence of their profession and the long-term interests of the Malaysian people. 

Because the activities of the judiciary are seen as supportive of the party in power, especially the chief officer of the government, the Bar Council has thus placed itself in direct opposition to the executive, judicial and legislative departments of the Malaysian
government. 

They join a vast cross-section of the people, encompassing the teachers, civil servants, students and faculties of the universities, wage earners and all human rights groups in the call for restoration of basic freedoms as envisaged by a Constitution, freely arrived at and fairly implemented. 

Because it is the legal profession, represented by practicing lawyers and legal scholars in the law schools, which is most familiar and qualified to redress the abuses of the present constitutional crisis, the participation of the Bar Council is a ringing challenge (and condemnation) to the party in power. 

The courage of the lawyers, taken in the context of the present circumstances, is heartening to behold, and to all the members of the Malaysian Bar we say, Hail, Brave Men and Women, We Salute You!