YOURSAY 'The show is not over until the fat lady sings. Wait for the Federal Court decision because this is the land of endless possibilities.'
Malaysiakini wins, gov't fails in appeal
Fair Play: There is hope yet for the nation. Now comes the acid test. Will the Home Ministry appeal the decision?
It must be noted that after the 13th general election and the Umno general assembly, Prime Minister Najib Abdul Razak is now firmly in the driver's seat and can afford to be magnanimous, and more importantly, to begin the process of national reconciliation by not appealing.
If so, Malaysiakini would give the mainstream newspapers a run for their money, particularly Utusan Malaysia if there is a Bahasa Malaysia section or version in printed form.
There are many right-thinking senior government servants and no doubt, many right-thinking judges in the judiciary too. The Home Ministry's power is not unlimited and there is a line that the judiciary would not allow it to traverse.
Cogito Ergo Sum: Of course the Home Ministry will appeal. A Malaysiakini newspaper will kill the livelihood of so many sycophant mainstream media.
Why should Najib be magnanimous? Even if he is, his people won't be. Take heart that you were nearly a newspaper.
Bamboo: Yes, this is a battle only half won. The government will appeal and we are not sure how the judges in the highest court will rule. They might just misinterpret the constitution and come down with a ruling like those Federal Court judges did in the 'Allah' case.
Odin: The home minister argued that there were already a lot of newspapers and if Malaysiakini were allowed to publish in print form, that would affect the other newspapers' profit margins.
Perhaps only idiots would not know that it is not his responsibility to see that the newspapers make money. This and his allegation that Malaysiakini in print form would cause confusion are reasons so lame that one can only conclude that the legal people representing him are crippled mentally to not have advised against offering them (those reasons).
It is obvious to us who the confused parties are.
Durio Zibethinus: This nonsense has gone far enough. Publishing permits should be issued as a matter of course as in the case of any business permits. It is only for administrative purposes only.
The newspaper business is already hard enough and it does not need further interference from the state.
Paul Warren: This case challenges a ministerial decision. By the same token, the ‘Allah' case was made an issue because of a ministerial injunction way back in 1986 or so. This present decision obviously means the home minister does not have the ultimate say after all.
Cala: We cannot be happy too soon since the Umno-led BN regime practices pseudo-democracy and true liberalism is something of a wishful thinking.
As former chief judge Mohamed Suffian Hashim rightly cautioned us many years ago, Malaysia's judiciary will take decades to regain its glory, independence and respect from the people after former prime minister Dr Mahathir Mohamad desecrated it in the infamous sacking of ex-chief justice Salleh Abas.
Ferdtan: We hope the government is gentleman enough in not appealing to the Federal Court when they have failed twice as seen by in the judgments of the High Court and the Court of Appeal.
If they do, it only means that he BN government fears Malaysiakini's influence. Let us wait to see whether the BN government will take the final step and go to the Federal Court.
Just An Ordinary Malaysian: My respect to the three-member appellate court. You have shown that there is still some measure of integrity in our battered judicial system.
Swipenter: Today is a victory for democracy in our country. The judiciary upholds the right to press freedom. An independent judiciary and an independent press are just two pillars of democracy for it to flourish.
Tomorrow it might be taken away from us by the Federal Court. By now we know how the game is played by the Umno government. They can always use the court as a last resort to kill democracy in Bolehland for there are many compliant judges against independent and fearless judges around to do the job for them.
Progressive: Publishing is a right - a basic universal human right and not a privilege. This government should get this into their thick skull.
JBond: Umno will trip you at the next level. Perhaps this is part of their script is to justify their argument that the judiciary is free from politics?
Anonymous #97893788: And you will see your application collect dust in the ministry. Just like Pakatan Rakyat's application to Registrar of Societies.
Kairos: The Allah case before the Court of Appeal was already a foregone conclusion given the composition of the panel of three Muslim judges. Here in the Malaysiakini case, it was a fair trial as the composition of the judges was diverse in their faiths.
Clearly the composition of the panel of judges would depend on how much the government wants to win at any cost.
That's why the Allah case was unwinnable as the judges and hence the judgment was totally bias besides being ridiculous. That's why the Malaysian judiciary system is a laughing stock in the world.
Geronimo: Now, isn't this nice. This Court of Appeal has three judges from three different religious background, i.e. Hindu, Christian and a Muslim, to hear the case.
How come this was not applied to the ‘Allah' hearing where all three judges were Muslims? Now if this not being bias, I don't know what is.
VP Biden: There is a long way to go yet, do keep walking. We are with you, Malaysiakini. It would be stupendously fabulous to see Malaysiakini on the news stand.
Anonymous #98268170: I'm 100 percent sure it will outsell any other dailies in print now. We need the "real" news. Congratulations, keep up your spirit and may god stand by the truth.
Kee Thuan Chye: Well done, Malaysiakini. This is a heartwarming victory. A triumph for freedom of expression.
Looking at the home minister's reason for not granting the permit, i.e. because there are already a lot of newspapers and it would affect profit margins, I have to say it is downright stupid.
This was Hishammuddin Hussein, wasn't it? Well, that figures. Is it in the minister's job specs to worry about the profit margins of newspapers? He has shares in them, izzit?
Thank goodness we have a learned judge in Abang Iskandar to rule against the minister and uphold the principles of the federal constitution. And also thank goodness we have learned judges in the Court of Appeal as well to uphold his decision.
The government would be even more stupid to pursue this matter further by appealing to the Federal Court. It looks very obvious the government simply does not want Malaysiakini to have a print version.
That speaks volumes not only about the government's stupidity, but also its insecurity.
Headhunter: It's good to know that there are still judges who cannot be bought just when we thought all is lost. This bodes well for freedom of speech but let's see if the BN regime is going to appeal.
Versey: Heartiest congratulations to Malaysiakini. I hope the final victory will be with you.
Keep up the good work, I'm sure many of us here will not only subscribe the printed copies, but will help to introduce you to others, especially those with relatives and friends who are used to read printed copies. God be with you.
MinahBulat: The show is not over until the fat lady sings. Wait for the Federal Court decision because this is the land of endless possibilities.
Not Confused: I am pleasantly stunned to hear learned judges actually talking perfect sense. It seems like an oasis in the desert - common sense for once. Well done, Malaysiakini.
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