This article first appeared in The Edge Financial Daily on February 26, 2020 - March 3, 2020
PUTRAJAYA: Chief Justice Tan Sri Tengku Maimun Tuan Mat reminded judges that they need not show allegiance or bow to any individual or a particular group but only uphold the principles of law and especially the Federal Constitution.
Justice Tengku Maimun also highlighted the importance of accountability, transparency and justice among judges.
“Judges should be steadfast in upholding the principles of the law, freedom from any interference, influence, pressure, threats or any form of disturbances from anyone or in a group,” she said in her speech after witnessing the appointment of the new Chief Judge of Sabah and Sarawak (CJSS) Justice Datuk Abang Iskandar Abang Hashim.
“They need not show allegiance to an individual or a particular group, but only to uphold the principles of the law. The times we are living in are indeed challenging.
“The provisions of our Federal Constitution are being stretched and tested to the limits and it is in times like these that the judiciary must remain impartial and ever ready to deliver justice according to the rule of law,” she emphasised.
Justice Tengku Maimun also said the judiciary has to always be independent and does not need to answer to anyone, but only to the highest law of the country — the Federal Constitution.
“The judiciary will continue to appoint judges based on their quality, character, judicial temperament and other merits. I urge judges to always discharge their duty with honesty and justice, when the judiciary is being criticised,” she added.
Justice Abang Iskandar replaces Tan Sri David Wong Dak Wah who retired on Feb 19.
His appointment as the 10th CJSS was effective Feb 20, and he took his instrument of appointment from Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah at the Istana Negara yesterday.
The new CJSS, who is from Sibu, is 60 years old and is married with three children.
Media plays vital role
Justice Tengku Maimun said public confidence in the judiciary is important and this is where the media plays an important role.
He said lately the judiciary is facing a lot of criticisms especially in dealing with high-profile cases.
“The criticisms centred on the judge’s integrity giving the picture that the court is one-sided to certain litigants. The fact is the court is never in favour to any litigants. The plaintiffs, or defendants or the public prosecutor or the accused are given equal treatment by the court,” the chief justice said.
For this reason, she hoped that journalists report the proceedings in court based on facts and not on their observation or some subjective views by certain parties.
Justice Tengku Maimun said
public confidence would be severely dented when the integrity of the judges and the judiciary is questioned without any basis.
“Any unfair and incorrect reporting of the court’s proceedings would certainly negatively affect the judiciary and the justice system in the country. Hence, the media should ensure what they report is accurate and objective.
“It is upsetting that some media take the easy way out by giving sensational and inaccurate comments without taking consideration of the whole facts just to increase their readership,” she said, pointing to a recent article by a columnist suggesting that courts and judges should undergo continuous evaluation.
“In my view this is an irresponsible comment that questions the integrity of the judges and is a clarion call to destroy judicial independence, when it is a body that is to protect the Federal Constitution and the rights of its citizens,” she said.