PUTRAJAYA (Feb 6): As the senior-most Federal Court judge Tan Sri Nallini Pathmanathan is set to retire later this month, lawyers lauded her skills as a jurist and the profound impact of her judgements in Malaysian law.
Lawyers on behalf of the Attorney General's Chambers (AGC), the Bar and others took a brief moment on Friday — following what is believed to be one of Nallini's last verdicts — to show their appreciation for the first ever female Indian judge to be part of the country’s top court.
Lawyer Benjamin Dawson said that every once in a while, a "towering figure" would emerge in a field and that was Nallini, for the judiciary.
Senior federal counsel (SFC) Shamsul Bolhassan said that it was an honour and a privilege to have appeared before the judge over the past eight years and get to witness Nallini's virtuosity and diligence.
"We got to witness first-hand, her ladyship's extraordinary skills, hardwork and attention. On behalf of the AGC, we wish you happy retirement and good health," he said.
Nallini reached the mandatory retirement age of 66 last August and she was given a six-month extension per the law. Her last sitting on the bench is scheduled to be on Feb 12, while final day in office is set to be on Feb 20.
Before entering the judiciary, she was a practising lawyer with Skrine, the law firm. She was appointed as a judicial commissioner in 2007. She was then elevated as a High Court judge in October 2009 and later to the Court of Appeal in Sept 2014.
She became a Federal Court judge in November 2018.
Senior lawyer Datuk Malik Imtiaz Sarwar said that it was an amazing experience to watch Nallini's progression from the High Court to the apex court and spoke of the impact of her judgements.
"The level of impression will have a lasting impact in the judiciary and [for the course] forward," he said.
Lawyer K Shanmuga added that Nallini was originally a member of the Bar, and the longevity and significance of her career was a testament to her dedication.
At the end of the proceedings Chief Justice Datuk Seri Wan Ahmad Wan Farid — who led the bench — echoed the lawyer's accolades, noting that Nallini was a " great jurist".
Nallini, in turn, acknowledged the comments, saying that "it was most moving and makes one feel quite emotional”.
"These words are far too kind. It makes me feel extremely happy as I come to the end of my tenure.
“It was an absolute privilege to serve the nation and something I will miss. It is kind of you confer such praise quite unconditionally. Thank you so much, I am most grateful,” she said.
Nallini also thanked all the lawyers whose submissions had contributed to her judgements.
The lawyers were present for the verdict where the apex court reinstated the words “offensive” with the intention to “annoy” as a criminal offence in Section 233 of the Communications and Multimedia Act 1998 (CMA).
Among others, the five-member panel unanimously overturned the appellate court's decision, among others, saying that the words must not be read in isolation, but stressed that there has to be a higher threshold for any prosecution.
Nallini, who read out the judgement, said that the words “offensive” and “annoy” within the subsection has to be understood in the context of the larger digital world.
"Section 233(1)(a) is to regulate the ‘improper use of network facilities and services’, with a view to providing a safe online environment, and protecting individuals and communities from suffering harm as a result of such improper use," she said.
Nallini added the section “targets communications that fall outside the purview of the freedom of speech and expression”, and thus does not infringe the freedom guaranteed under the constitution.