Rights group calls for transparency, equal treatment in judicial extensions

Daily Express

22-05-2025

Published on: Thursday, May 22, 2025
Published on: Thu, May 22, 2025
By: FMT Reporters Text Size: Chief Justice Tengku Maimun Tuan Mat is expected to retire on July 2, Court of Appeal president Abang Iskandar Abang Hashim on July 1, and senior Federal Court judge Nallini Pathmanathan on Aug 22. PETALING JAYA: The National Human Rights Society of Malaysia (Hakam) says it is concerned that three senior judges, including Chief Justice Tengku Maimun Tuan Mat, have not received the customary six-month extension offers despite their imminent retirement dates. The rights group said that while six-month extensions were granted to five other senior judges – including Chief Judge of Malaya Hasnah Hashim and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli – similar extensions were not granted to Tengku Maimun, Court of Appeal president Abang Iskandar Abang Hashim, and senior Federal Court judge Nallini Pathmanathan. In a statement, Hakam president M Ramachelvam said the country's judiciary was at a pivotal moment as nine Federal Court judges were set to retire this year. He said the decision to extend their tenures must be guided by clear, consistent, and transparent criteria. 'The current situation raises troubling questions: why have extensions been granted to some Federal Court judges but not to the chief justice, the Court of Appeal president, and Justice Nallini Pathmanathan? 'There is an apparent selective approach to extending the tenures of senior judges in Malaysia's Federal Court.
Advertisement 'This unequal and opaque application of Article 125(1) of the Federal Constitution raises serious questions about the government's commitment to judicial independence and threatens the integrity of our nation's justice system at a critical juncture.' Article 125 of the Federal Constitution states that superior court judges shall hold office until the age of 66, although their tenures can be extended for up to six months by the Yang di-Pertuan Agong. Abang Iskandar is scheduled to retire on July 1 while Tengku Maimun retires the following day. Nallini will retire on Aug 22. Ramachelvam said there was a need to establish clear, objective criteria for judicial extensions that prioritise merit, experience, and institutional stability over other considerations. He also demanded transparency in the decision-making process for judicial appointments and extensions, saying a truly independent judiciary was the cornerstone of democracy and the protection of human rights in Malaysia. 'The stability of our judiciary as well as public, business, and investor confidence in our legal system depend on fair and equal treatment for our most senior judges,' he said. 'In this critical period of transition, Malaysia cannot afford to lose the institutional knowledge, experience, and principled leadership that these senior judges provide.' * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
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