13 hours ago
Should we comment on judicial extensions?
LETTER | A very good question has been posed in a joint statement by the eight past presidents of the Malaysian Bar.
They asked why there has not been an extension for six months under Article 125 for three Federal Court judges, particularly Chief Justice Tengku Maimun Tuan Mat, and two other very senior Federal Court judges, all of whom are retiring very soon.
First of all, I agree with the part of the statement that said that the judges are the crème de la crème of judges.
I think many in the profession will agree that they were among the best for the last few years. But this also leads to a dilemma.
If there were an extension, there would be speculation among the public about why their tenures have been extended. At the same time, if they are not being extended, there would be negative speculation over it.
What really strikes me is the part of the statement saying there is a perception that this is retribution for having decided cases in a particular way, not in line with the wishes of the powers that be.
Now, there is a question mark here.
What are those cases that have been decided not in line with the powers that be? It must be very clear with proof and evidence.
Of course, there is freedom of speech and opinion, which is good, but another argument could be made that their statement was itself an interference in the judicial appointment process.
The statement also says it gives a chilling message to the other judges to toe the line. It also cites the belief that certain political interests must be served in return for patronage or support.
I find this an unbelievable and unacceptable claim.
The independence of the judiciary from Parliament and the executive is paramount. And we can't erode it.
But without proof, it is unacceptable to say there is such a perception.
We most certainly should not express or repeat wild and damaging theories about the appointment process.
Ultimately, Article 125 gives the Yang di-Pertuan Agong the power to extend judicial appointments or not.
It is enshrined in the Federal Constitution. So let it be.
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
