KUALA LUMPUR (May 22): The government has been called upon to extend the tenures of Chief Justice Tun Tengku Maimun Tuan Mat, Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, and Federal Court judge Tan Sri Nallini Pathmanathan, who are all set to retire soon.
The National Human Rights Society of Malaysia (HAKAM), in a statement on Thursday, said that it was rather conspicuous that the judges' colleagues at the apex court have been accorded a customary six-month extension as allowed by the law, but there has been no word yet on the status of these specific three judges.
"While six-month extensions under Article 125(1) of the Federal Constitution have been granted to Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim, and Federal Court judges Tan Sri Harmindar Singh Dhaliwal, Datuk Zabariah Mohamad Yusof, and Datuk Hanipah Farikullah, we are gravely concerned by the conspicuous absence of similar extensions for the Chief Justice, President of the Court of Appeal, and Justice Tan Sri Nallini Pathmanathan," HAKAM president Datuk Seri M Ramachelvam said in the statement.
Article 125(1) of the Federal Constitution says that Federal Court judges may serve until the age of 66, with a possible six-month extension approved by the Yang di-Pertuan Agong.
Tengku Maimun and Abang Iskandar will turn 66 in July, while Nallini will be 66 in August.
Ramachelvam added that there seems to be a "selective approach" to the judges' tenure extension, and the government has to be more transparent with its decision-making process.
"Malaysia's judiciary stands at a pivotal moment, with approximately nine Federal Court judges set to retire this year. Within this unprecedented transition, the leadership of [Tengku Maimun] has been instrumental in restoring public confidence in our courts and upholding the rule of law," he said.
Tengku Maimun, who became the first female Chief Justice of the country, has helmed the judiciary since 2018.
In the statement, Ramachelvam hailed Tengku Maimun's tenure as "transformative" with her advocacy for judicial independence and landmark judgements.
"Under her guidance, there has been a notable elevation in the intellectual rigour and standing of the Malaysian judiciary, inspiring many observers to describe it as a judicial renaissance after the constitutional crisis of 1988," he said.
When speaking to the media at the elevation ceremony of three judges on Tuesday, Tengku Maimun had said that she and two other top judges had yet to receive retirement extension offers.
"Well, I don’t think I should answer that, but we will wait. It may be coming (the offer of extension), but we will wait. But as for now, [we haven’t] received anything yet,” she told members of the press.
The Edge has previously reported that the upcoming retirements of the apex court judges will leave a significant gap in the judiciary.