PM Anwar takes flak as Chief Justice role goes vacant
Malaysian PM Anwar Ibrahim has failed to indicate any successor for the highly regarded Chief Justice Tengku Maimun Tuan Mat who retired on July 1.
KUALA LUMPUR – Malaysia's judiciary is leaderless after its highly regarded top judge retired on July 1 amid stinging criticism, including from the prime minister's allies, over the government's failure to extend her tenure and allegations of interference in the judiciary.
As she left the Palace of Justice in Putrajaya, Chief Justice Tengku Maimun Tuan Mat confirmed that her tenure was not extended by six months – an option allowed under the law.
During Federal Court proceedings on the same day, senior lawyers including Malaysian Bar vice-president Anand Raj and former law professor Gurdial Singh Nijar praised Tun Maimun for her integrity and defence of judicial independence.
'Under your leadership, the judiciary's credibility was restored and reached a level on par with the best in the Commonwealth,' said Datuk Gurdial.
For weeks prior to Madam Maimun's retirement, questions have grown among legal practitioners and politicians over the lack of an extension for the Chief Justice and an announcement of a success
Madam Maimun is one of nine members of the apex court – including the second and third-highest ranked judges – who have left or are due to retire in the seven months from April to November.
With only two new appointments to the bench since November 2024 , the Federal Court could soon be left with just six judges – most of whom joined recently. Only Datuk Rhodzariah Bujang has served on the apex court bench since before 2023.
This has fuelled speculation that former Attorney General (AG) Tan Sri Terriruddin Salleh – who was appointed directly to the apex court in November while he was still serving as AG – is set to be fast-tracked to lead the judiciary.
'With the vacancies of half the senior judges in the Federal Court, the question arises as to whether this direct appointment is part of a plan to bypass the existing hierarchy and change the leadership of the judicial institution for the next eight years... (given that) he will only retire in 2033,' former economy minister Rafizi Ramli, who resigned from Cabinet in May, said in a June 30 statement.
The MP for Pandan, who recently lost his position as deputy leader in Prime Minister Anwar Ibrahim's Parti Keadilan Rakyat to the latter's daughter, did not name Mr Terriruddin specifically. But the mentions of the direct appointment and retirement date leave little doubt that he was referring to the government's former top lawyer, prosecutor and legal advisor.
'This polemic has worsened due to the double standard in other appointments…that have only increased speculation (of political interference),' added Mr Rafizi, referring to recent moves that have stoked controversy. These included
anti-graft chief Azam Baki's third 12-month extension in May , and deputy police chief Ayob Khan Mydin Pitchay being passed over for the top job of Inspector General of Police in June.
The Democratic Action Party (DAP), which has the most MPs in the Anwar administration, issued a statement just hours before Madam Maimun clocked out for the last time on July 1. It said that the 'importance of public confidence in the judiciary is of paramount importance, and we reiterate our position that the extension' of the tenures 'would be consistent with the reformist agenda of the Madani government'.
Madani, an Arabic term that roughly translates as 'civilised', is a catchphrase introduced by Mr Anwar to symbolise his vision of a fair, inclusive and progressive society.
In response to the public criticisms, the prime minister on June 30 accused those lobbying for judicial extensions of politicising the judiciary.
During the Prime Minister's Department monthly assembly, Mr Anwar claimed that 'there was a campaign that certain people should have their tenure extended, some others should not'.
'This means that an independent institution and its integrity are being politicised,' he said.
However, the DAP insisted in its statement that the calls for extension were not 'an attempt to politicise the matter, but is a result of a genuine recognition of (the judges') contributions to the development and reform of the judiciary which is one of the key priorities' of the government.
Mr Rafizi also said that extensions were given to four Federal Court judges but not the Chief Justice and President of the Court of Appeal, thus worsening ' the polemic concerning the independence of the judicial institution that has already been spreading'.
Besides Tun Maimun, Tan Sri Abang Iskandar Hashim, who is the second-highest ranking judge as President of the Court of Appeal, is also set to retire on July 2.
Two other senior judges – Chief Judge of Malaya (CJM), who is the third-highest ranking, and Chief Judge of Sabah and Sarawak – will see their extensions expire by the end of the year, leaving a gaping void in the leadership of Malaysia's judiciary.
The premier's speech on June 30 also prompted the Malaysian Bar to respond, expressing its 'deep concern over the inaction and lack of clarity' on the impending retirement of Madam Maimun as Chief Justice, just a day before her departure.
'This level of silence and indecision on matters concerning the highest level of the Judiciary is indefensible,' Bar president Ezri Abdul Wahab said in a statement on behalf of the statutory body representing over 21,000 lawyers .
'Leaving the post in uncertainty so close to the retirement date reflects a failure in institutional responsibility,' he said, adding that the lack of clarity is unprecedented and threatens judicial independence.
'This vacuum, at the very apex of the Judiciary, is as absurd as it is dangerous. In the absence of clarity, the public begins to speculate. Rumours thrive, confidence erodes. We caution against conflating legitimate institutional concern and public accountability with politicisation,' he said.
In January, Madam Maimun had
reminded PM Anwar of his past assertions as opposition leader that the premier should not have ultimate discretion in appointing judges.
Since taking office in November 2022, Mr Anwar has repeatedly insisted that he
would not interfere in the judiciary.
However, senior lawyers told ST that a senior judge was summoned by the Judicial Appointments Commission (JAC) chaired by Madam Maimun in May to answer claims of interference in appointments made since 2024.
Controversy had swirled in 2024 due to the nearly nine-month-long vacancy for CJM.
The delay persisted even though the JAC had recommended at least three candidates to Mr Anwar, legal sources told The Straits Times then. The JAC is made up of the four top-ranking judges, and five other persons selected by the PM.
Media reports at that time claimed that Mr Terrirudin would be appointed directly as CJM. He had in September 2023, during his first week as public prosecutor, decided
not to appeal against former premier Najib Razak's acquittal in the 1MDB audit tampering case.
Mr Terrirudin was eventually made a Federal Court judge in November 2024 at the same time when Datuk Seri Hasnah Hashim was appointed as CJM.
The installation of both judges sparked concerns over judicial interference, as the JAC lacked the required quorum at the time to make such appointments, having only four sitting members since September 2024.
Legal circles are now speculating that Mr Terrirudin will eventually be promoted to one of the senior positions beneath Madam Hasnah, who will retire in November, making the former attorney general the leading candidate for Chief Justice later in 2025.
Mr Rafizi said: 'Anwar Ibrahim, as Prime Minister, cannot ignore the anxiety of legal practitioners by assuming the issue is merely political attacks.'
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Straits Times
an hour ago
- Straits Times
Chinese aircraft carrier Shandong arrives in Hong Kong
Sign up now: Get ST's newsletters delivered to your inbox Commissioned in 2019, the more than 300m Shandong is China's second carrier and key to the country's regional ambitions. HONG KONG - China's first domestically built aircraft carrier sailed into Hong Kong on July 3, just days after the city marked 28 years under Chinese rule. Commissioned in 2019, the more than 300m Shandong is China's second carrier and key to the country's regional ambitions under President Xi Jinping, who oversaw a massive naval buildup that has rattled Asian neighbours. Beijing earlier announced the Shandong and its escort vessels – which include the destroyer Zhanjiang and frigate Yuncheng – will visit the Chinese finance hub for five days and host 'tours and cultural exchange activities'. The flotilla was spotted early on the morning of July 3 sailing off the southern coast of Hong Kong island. The Shandong's visit came days after it concluded combat drills in the western Pacific, alongside China's first aircraft carrier the Liaoning. Both ships are of a modified Soviet design with a distinctive 'ski jump' deck for aircraft takeoff. China's third and more advanced carrier, the Fujian, is undergoing sea trials. Top stories Swipe. Select. Stay informed. Singapore Singapore and Cambodia to expand collaboration in renewable energy, carbon markets and agri-trade Asia US, India push for trade pact after Trump strikes deal with Vietnam: Sources Business Microsoft cutting 9,000 jobs companywide in second major wave of layoffs this year Opinion How Apple gave 'the gift of fire' to Chinese electronics firms Life Sean 'Diddy' Combs to remain jailed ahead of sentencing, judge rules Singapore Granddaughter of Hin Leong founder O.K. Lim fails to keep 3 insurance policies from creditors' reach Asia Dalai Lama says only his organisation can name his successor; Beijing pushes back World Iran's nuclear programme degraded by up to two years, Pentagon says Tickets to visit the vessels in Hong Kong were snapped up within minutes on social media app WeChat. 'The idea appears to impress upon the Hong Kong public... the ruling (Chinese Communist Party's) quest for building what's termed as the status of a maritime great power,' said Dr Collin Koh, a naval affairs specialist at the S. Rajaratnam School of International Studies in Singapore. The Shandong is the second Chinese aircraft carrier to visit Hong Kong, following a 2017 visit by the Liaoning. China has rapidly upgraded its naval forces as it seeks to expand its reach in the Pacific and challenge a US-led alliance. The US Department of Defence said in a December report that numerically China has the largest navy in the world, with a battle force of more than 370 ships and submarines. Japan authorities said China's dual-carrier exercise in the Pacific in June was the first of its kind and reflected intentions to improve operational capabilities in distant areas. Associate Professor Chong Ja Ian of the National University of Singapore said China's latest exercises suggest 'both aircraft carriers are ready to engage in more sophisticated operations' but some unknowns remain, including the operational tempo they can bear. In April, the Shandong took part in drills testing the Chinese navy's ability to 'blockade' Taiwan, according to the Eastern Theater Command. China insists that the self-ruled democracy is part of its territory and has refused to rule out seizing it by force. The Shandong was also reportedly present in Philippine waters in April during a joint US-Philippines military exercise, deepening tensions between Manila and Beijing. AFP
Straits Times
an hour ago
- Straits Times
Teens guilty of bullying could lose driving licences under Tennessee law
Sign up now: Get ST's newsletters delivered to your inbox Supporters hope the law will deter young people from bullying by letting them know they could lose a coveted privilege. NASHVILLE, Tennessee - Teenagers in Tennessee who are found guilty of bullying or cyberbullying could have their driver's licences suspended for a year under a new state law that went into effect on July 2. Supporters hope the law will deter young people from bullying by letting them know they could lose a coveted privilege. But critics questioned whether it would actually make teenagers think twice about their behaviour. 'Certainly what we know from adolescent development is adolescents don't necessarily connect long-term consequences with their behaviour in the moment,' said Dr Susan Swearer, chair of the department of educational psychology at the University of Nebraska-Lincoln and a director of the Bullying Research Network. Research shows psychological interventions are more effective than punishment at stopping bullying, she said. State representative Lowell Russell, a Republican who sponsored the legislation in the Tennessee House, said he got the idea from a constituent whose son was being bullied in school and who felt the school was not taking action to stop it. Mr Russell said he was also disturbed by news reports of bullying victims growing up to commit acts of violence or dying by suicide. 'My hope is it will save lives and prevent people from getting hurt because when they're bullied in the K-to-12 grades, that has long-term mental health effects,' Mr Russell said. Governor Bill Lee, a Republican, signed the Bill into law in April after the Tennessee House passed it by a vote of 85-10 and the state Senate by a vote of 26-0. It expands on a measure that Tennessee lawmakers passed in 2024 that defined bullying and cyberbullying as distinct offences under the state's laws against harassment. The punishment of a licence suspension 'puts some teeth to that,' said state senator Adam Lowe, a Republican who supported 2024's law and the new measure. Unlike fines, which tend to be paid by parents, a driver's licence 'is traditionally important to teenagers,' Mr Lowe said. The law requires Tennessee judges to suspend the licence – or the ability to obtain a licence – for one year for anyone under 18 who is found in juvenile court to have committed harassment by bullying or cyberbullying. Judges would have the option of granting first-time offenders restricted licences that would allow them to drive to school, work and religious services, but not to social events or extracurricular activities. To get a restricted licence, a teenager would have to obtain a certified copy of the judge's order and then present it within 10 days to the state and pay a US$20 (S$25.45) application fee. Dr Swearer of the Bullying Research Network said that most cases of bullying are handled by schools, not by the courts, so it was unclear how many teenagers might actually be affected. Professor April Meldrum, a former juvenile court judge and a law professor at Lincoln Memorial University in Knoxville, Tennessee, said judges already have broad authority to craft sentences that they deem to be in the best interest of a delinquent child. Teenagers found guilty of bullying could be placed on probation and required to perform community service, receive counselling or pay a fine, she said. Judges could also restrict their driving privileges, she added. 'My concern with this statute is it mandates a specific sentence in all cases against only a really narrow category of offenders,' Prof Meldrum said. Rather than strip judges of their authority to impose sentences based on the facts of a particular case, the state should 'let them actually dig into what's wrong with that child' in an effort to help rehabilitate a youthful offender, Prof Meldrum said. Prof Terry Maroney, a professor at Vanderbilt Law School, said that even if a judge were to grant a teenager a restricted licence, a busy family may not be able to obtain it within 10 days, as the law requires. That could make it impossible for teenagers to travel to school or work, which could make their behaviour worse, Prof Maroney said. The law 'sounds rational, and it sounds like something that kids might pay attention to, and it sounds like something that might be helpful in reducing bullying, which we all care about,' she said. 'But as a practical matter, I think it will not.' NYTIMES
Straits Times
2 hours ago
- Straits Times
US, India push for trade pact after Trump strikes deal with Vietnam: Sources
Sign up now: Get ST's newsletters delivered to your inbox WASHINGTON/NEW DELHI - US and India trade negotiators were pushing on July 2 to try to land a tariff-reducing deal ahead of President Donald Trump's July 9 negotiating deadline, but disagreements over US dairy and agriculture remained unresolved, sources familiar with the talks said. The push comes as Mr Trump announced an agreement with Vietnam that cuts US tariffs on many Vietnamese goods to 20 per cent from his previously threatened 46 per cent. Mr Trump said that US products could enter Vietnam duty free, but details were scant. Mr Trump threatened a 26 per cent duty on Indian goods as part of his April 2 'Liberation Day' reciprocal tariffs, which were temporarily lowered to 10 per cent to buy time for negotiations. Sources in India's commerce ministry said that a trade delegation from India was still in Washington a week after arriving for talks that started last week. They may stay longer to conclude a deal, but without compromising on key agricultural and dairy issues, the sources said, adding that it was unacceptable to lower tariffs on genetically modified corn, soybeans, rice and wheat grown in the US. Prime Minister Narendra Modi's government 'doesn't want to be seen as surrendering the interests of farmers - a strong political group in the country', one of the sources said. However, India is open to lowering tariffs on walnuts, cranberries and other fruits, along with medical devices, autos and energy products, the source said. A US source familiar with the talks said that there were 'indications that they are close' and negotiators have been told to prepare for a potential announcement. The source added that 'there's been intense and constructive effort to close a deal. I think both sides understand the strategic importance, beyond the economic importance, of closing a deal'. Mr Trump echoed those sentiments on July 1, telling reporters on Air Force One that he could reach a deal with India that would cut tariffs for both countries and help American companies compete in India's market of 1.4 billion consumers. At the same time, Mr Trump cast doubt on a potential deal with Japan, saying he may impose a tariff of 30 per cent or 35 per cent on Japanese goods, well above the 24 per cent duty rate he announced on April 2. Japan is seeking to lower separate 25 per cent automotive and steel tariffs that Mr Trump imposed. Spokespersons for the US Trade Representative's office, the Commerce Department and the US Treasury did not respond to request for comment on the state of trade negotiations with India and other countries. A spokesperson for India's embassy in Washington did not respond immediately to a request for comment. REUTERS
