Last Wednesday, former Malaysian Prime Minister Najib Razak was charged in a Malaysian lower court with three counts of criminal breach of trust and one count of abuse of power – stemming from the corruption scandal at a state investment fund. However, a Malaysian High Court judge approved his bail at $250,000 (1 million ringgit) in cash.
What’s rather impressive is that the HC approved Razak’s bail. Charges and allegations against him are there, majority of the public have condemned his tenure as the PM but it is rule of law that he is innocent till trial takes places and he is found guilty. As he presumed innocent he is entitled to grant bail and the court was not slavish to deny bail and the new government was also magnanimous in not pressurising through government’s doggish lawyers to deny him bail. The present Prime Minister Mahathir Mohamad has shown the world that he is not being vindictive for mean politics. This is called nation building leadership. Compare to our jailed opposition leader the charges against Razak are much heavier but obtaining bail for him was not a problem, whereas in Bangladesh – Mrs Zia’s crimes have been elevated to non-bailable offences.
Whereas opposition to granting bail in cases against political opponents in Bangladesh lasts for days to weeks and months even when the allegation on the face seems farcical. It is a great shame for our educated people, lawyers and judges that we have so little respect for the requirements of the rule of law.
The political pressure or no pressure, our courts by habit and practice are against granting bail. This kind of weakness and vindictive mind-set has made the rule of law in our country farcical and the whole justice system too much oppressive. To grant bail for a political opponent is taken as a challenge to the government and the government also resist such granting of bail tooth and nail. No consideration is necessary that the government should feel the urgent obligation to the need of proving the allegation fairly and freely in a court.
It is our national undeserving shame that we are less respectful to the rule of law and the accused’s personal liberty than the people of Malaysia.
Surely, our lawyers and judges know much more than any other country that granting of bail to an arrested person is the right thing to do for justice. Police allegation and police arrest is no proof of one’s guilt. He is to be treated as innocent.
Both the government and the Attorney General in Malaysia behaved as respectfully as expected from a free country believing in the rule of law.
Whatever the self-seekers in and around the government say out of their arrogance of power a nation’s international reputation depends on the fairness of the justice system and its independence. A nation earns respect for values it pursues and not by show of police power. In our present times abuse of police power and suppression of freedom are not worthy of a free nation.
It is no use blaming any one for the pathetic situation of lawlessness in our country because it has something to do with the selfishness of our educated ones. The treachery and deceitful aspects of their character are responsible for our national shame and miseries. Change is inevitable one way or another.
