KUALA LUMPUR (June 25): The Malaysian Bar is pursuing the necessary orders from the High Court to obtain minutes of the Judicial Appointments Commission (JAC) meeting in May to ascertain allegations of interference in judicial affairs.
Its president Mohamad Ezri Wahab in a statement said that the Bar is deeply concerned with a recent media report alleging that a senior judge was questioned by the JAC on the issue of possible interference in judicial affairs.
“This report, if accurate, raises serious questions about the integrity and independence of our judiciary — an institution that must remain free from any form of influence or manipulation.
“The Malaysian Bar is of the view that allegations of judicial interference go beyond the confines of a mere disciplinary matter. They strike at the heart of public confidence in the administration of justice. The issue here is not only about propriety, but also about the structural health and independence of our judiciary.
“In the light of this, and in the interest of public accountability and transparency, the Malaysian Bar will be pursuing the necessary orders to obtain the minutes of the said JAC meeting. This is necessary to ascertain the facts, to preserve institutional integrity, and to ensure that any necessary corrective steps can be taken without compromising the law,” Ezri said.
On Tuesday, a news portal reported that the senior judge was asked by the JAC over his role in the interference in judicial affairs.
The senior judge in question was also asked separately on this matter by a journalist of a news portal, and the judge in question had asked his aide to lodge a police report, as the journalist’s questions pertained to matters that were discussed in the JAC meeting, which are supposed to be confidential.
Judicial independence is not negotiable
Ezri emphasised that judicial independence is not negotiable.
“It is a constitutional guarantee and a pillar of our democratic framework. Any conduct — actual or perceived — that undermines this principle must be addressed swiftly and with full transparency.
“If the report is found to be untrue, that, too, must be clarified with equal urgency to avoid unwarranted damage to the reputation of our judiciary. The Malaysian Bar calls upon all institutions involved to treat this matter with the seriousness it deserves. We reaffirm our commitment to the rule of law and to the protection of judicial independence, without fear or favour,” he said.
This allegation comes on the back of questions over six-month extensions that have yet to be granted to Chief Justice Tun Tengku Maimun Tuan Mat and her second-in-command, Court of Appeal president Tan Sri Abang Iskandar Abang Hashim, where the two most-senior judges are scheduled to retire next week on July 1 and July 2 respectively.
Both are members of the JAC, as Tengku Maimun heads the nine-member commission that also consists of Abang Iskandar.
Under Article 125(1) of the Federal Constitution, judges have to retire at the age of 66 years; but, their tenure can be extended by six months with the agreement of the Yang di-Pertuan Agong.
It was previously reported that the JAC had recommended the extensions of Tengku Maimun, and Abang Iskandar along with senior Federal Court judge Tan Sri Nallini Pathmanathan. However, as mentioned by Tengku Maimun earlier this week, she, along with the other two, have yet to receive any word over their extensions.
The Edge understands that neither Tengku Maimun, Abang Iskandar, nor Nallini are the senior judge implicated in this allegation.
In the past, the tenures of all CJs have been extended, with the exception of Tun Ahmad Fairuz Sheikh Abdul Halim.