KUALA LUMPUR (July 7): Lawyers are planning a “Walk for Judicial Independence” on Monday, July 14, to protest the Madani Unity Government’s decision not to extend the terms of former chief justice (CJ) Tun Tengku Maimun Tuan Mat and Court of Appeal president (PCA) Tan Sri Abang Iskandar Abang Hashim.
The Edge has learned that the walk, approved by the Bar Council on Sunday (July 6), follows concerns about the lack of clear successors for the two judicial leaders.
Chief Judge of Malaya Tan Sri Hasnah Mohamed Hashim has assumed the task and responsibility of the CJ, while Federal Court judge Datuk Zabariah Mohd Yusof has assumed the task and responsibility of the post left vacant by Abang Iskandar as PCA.
However, both Zabariah and Hasnah, who were granted a six-month extension by the government earlier this year, are scheduled to retire in October and November, respectively.
Two other Federal Court judges, namely Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, and the senior-most apex court judge Tan Sri Nallini Pathmanathan, are scheduled to retire at the end of this month and August, respectively. Rahman was granted an extension and is currently serving it out. But, as with Tengku Maimun and Abang Iskandar, Nallini has not had a six-month extension forwarded to her by the government.
Besides Zabariah and Hasnah, another Federal Court judge, Datuk Hanipah Farikullah, who has been granted a six-month extension in March, is also scheduled to retire in October.
This will likely leave four additional vacancies of Federal Court judges by the end of the year, leaving the apex court with only five out of 14 posts filled, leaving a huge vacuum of senior judges.
Hence, the concern expressed by lawyers on the vacancies yet to be filled by the government.
The matter is made worse as Tengku Maimun and Abang Iskandar, during their tenure, have been widely perceived as having restored impartiality and independence to the judiciary since the 1988 judicial crisis, and, despite this, not having been given a six-month extension, which is the usual practice with regards to the senior judges, as exemplified by the ones given to Hasnah, Zabariah and Hanipah.
The walk is likely to start from the Palace of Justice in Putrajaya at 2pm. However, details are scant, with the exception that the Bar would write in to the court to seek permission to possibly vacate all cases that afternoon.
The Edge has sought comments from Malaysian Bar president Mohd Ezri Abdul Wahab for confirmation. Prior to this, Ezri, in a statement, had expressed the Bar's concern over how the leadership transition of the judiciary was being handled following the retirement of Tengku Maimun, with there being an absence of a clear and timely succession plan, reflecting a lapse in institutional responsibility.
Meanwhile, lawyer Siti Zabedah Kasim has also taken to X (formerly known as Twitter) to announce the proposed march.
In June 2022, the Bar had also held a walk for judicial independence to Parliament, following an attack on Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali, who was investigated by the Malaysian Anti Corruption Commission (MACC).
Nazlan had presided in Datuk Seri Najib Razak’s SRC International Sdn Bhd trial that resulted in the former prime minister being convicted.
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