'An independent judiciary is the most valuable asset to any society' - CJ Wan Ahmad Farid

New Straits Times

18-07-2025

KUALA LUMPUR: Newly appointed Chief Justice Datuk Wan Ahmad Farid Wan Salleh has previously stressed that the independence of the judiciary must be upheld at all costs.
In a written judgment dated June 16, 2022, while serving as a High Court judge, Wan Ahmad Farid said that the absence of judicial independence would lead to anarchy.
"This is not a matter of trial and error, because an independent judiciary is the most valuable asset to any society," he wrote.
The 62-year-old made the remark when recusing himself from hearing the application by UK Queen's Counsel Jonathan Laidlaw to be admitted to represent Datuk Seri Najib Razak in his final appeal concerning the misappropriation of RM42 million from SRC International Sdn Bhd.
A native of Kuala Terengganu, Wan Ahmad Farid stepped aside voluntarily to avoid any public perception that might undermine confidence in the judiciary's independence, as a close family member was actively involved in Umno at the time.
In his written decision, he stressed that public confidence in the judiciary's independence must remain unquestionable.
He also said that it was public knowledge that he had been actively involved in politics before joining the judiciary, having previously held administrative roles and served as a Senator.
However, he said that upon his judicial appointment, he resigned from his political party and took the oath of office with a firm commitment to uphold, protect, and defend the Federal Constitution without fear or favour.
He made the decision to recuse himself despite there being no request from any party to do so.
Wan Ahmad Farid holds a Bachelor of Laws (LL.B Hons) from the University of West London (1985) and obtained his Certificate in Legal Practice (CLP) with honours from the University of Malaya in 1986. He began his legal career as an advocate and solicitor at the firm Messrs Adnan & Wee in Kuala Terengganu, where he practised from 1987 to 2003.
He later entered public service and politics, serving as Political Secretary to then Prime Minister Tun Abdullah Ahmad Badawi from 2003 to 2008, and was appointed Deputy Home Minister from 2008 to 2009.
Between 2011 and 2015, he returned to legal practice at Messrs Wan Farid & Surin in Kuala Lumpur.
In his judicial career, Wan Ahmad Farid was appointed as a Judicial Commissioner on Dec 16, 2015, serving in the High Courts of Shah Alam, Kuala Lumpur, and Kota Baru until 2019.
He was elevated to High Court Judge on Aug 8, 2019 and served in the Kota Baru High Court, the Special Powers Division of the Shah Alam High Court, and subsequently in the Kuala Lumpur High Court (Special Powers Division 3) until 2024.
On Nov 12, 2024, he was appointed a Judge of the Court of Appeal.
On Feb 15, 2024, Wan Ahmad Farid ruled that the Yang di-Pertuan Agong's power to declare a state of emergency under Article 150 of the Federal Constitution is non-justiciable, meaning it cannot be subjected to judicial review.
In his ruling, he said that although the proclamation was made under Article 150, the provisions of Article 150(8) did not violate the basic structure of the Constitution and therefore could not be struck down under Article 4(1).
More recently, on June 24, 2024, he was on the panel of judges that allowed the government and the Federal Territory Land Registrar's appeal to reverse an order transferring 106.542ha of land in Mukim Batu to Semantan Estate Sdn Bhd (SESB).
The unanimous ruling, delivered by a three-member Court of Appeal panel chaired by Datuk Lee Swee Seng, also ordered compensation to be paid to SESB, to be assessed by the High Court with the assistance of expert valuation.
On March 4, 2024, Wan Ahmad Farid Wan Salleh dismissed an application by the late former Finance Minister Tun Daim Zainuddin and his family for leave to commence judicial review proceedings against the Malaysian Anti-Corruption Commission's (MACC) investigation into them.
He ruled that Daim and his family had failed to demonstrate any element of mala fide (bad faith) on the part of the MACC officers involved in the investigation.
On May 11, 2023, he dismissed a judicial review application filed by single mother Loh Siew Hong, who sought to challenge the unilateral conversion of her three children to Islam by her ex-husband, who had embraced the religion.
In his ruling, he found no evidence that the children had reverted to Hinduism. He also said that the mother had not denied that her children continued to practise Islam, including performing prayers, while in her care.
However, that decision was subsequently overturned by the Court of Appeal and later upheld by the Federal Court.
On May 9, 2023, Wan Ahmad Farid allowed a judicial review application filed by Norhayati Mohd Ariffin, the wife of social activist Amri Che Mat, and ordered the release of the Special Task Force's classified report into his disappearance.