Latest news with #judicialinterference
Free Malaysia Today
28-07-2025
- Politics
- Free Malaysia Today
LFL rubbishes ex-chief judge's claim of pressure over constitutional ruling
LFL's N Surendran said judicial deliberation shouldn't be mistaken for interference. PETALING JAYA : Lawyers for Liberty (LFL) has rubbished claims of judicial interference after a former chief judge of Sabah and Sarawak said that a top judge pressured him to rule in favour of a litigant in a constitutional case against the federal government. Abdul Rahman Sebli, who retired last Thursday, claimed in his farewell speech that a 'very senior member of the judiciary' had emailed him, criticising his interpretation of the constitutional issue at hand. Rahman said judicial independence was not only about interference by the executive, but also about a judge's own peers in the discharge of judicial functions. In a statement today, LFL adviser N Surendran said such accusations were 'plainly wrong' and defied logic, particularly as the senior judge in question was part of the seven-member Federal Court panel hearing the case. 'How can a judge 'interfere' in a case which she herself was involved in deciding? Such a suggestion defies logic,' he said, without citing names. Surendran said unless someone outside the bench, such as from the executive, tried to influence the decision, it did not qualify as interference. He also argued that there was nothing 'sinister' about judges on multi-judge panels discussing cases and circulating draft judgments to persuade colleagues. 'In other words, there can be nothing wrong with any judge suggesting to his fellow judge in the same panel that his interpretation of the law is incorrect, and to try to change his position on it. 'This is part of the usual process of judicial decision-making, not just in Malaysia, but also of Supreme Courts in other common-law countries such as the UK or the US,' he said. Surendran also said it was 'strange' that a now former Federal Court judge was making a complaint that he was affected by 'peer pressure', adding that Federal Court judges enjoy security of tenure and constitutional protection. While acknowledging that judicial interference was a serious concern, Surendran warned against diluting its meaning. 'Judicial interference is a very serious matter. But it must not be confused with entirely appropriate and necessary internal processes of judicial deliberation,' he said.
South China Morning Post
26-07-2025
- Politics
- South China Morning Post
Anwar's ‘Reformasi' reversal? Malaysia's judicial bulwark faces a familiar siege
On a humid July afternoon in Putrajaya, Ambiga Sreenevasan donned her black lawyer's robes, feeling the weight of history bearing down on her. Four decades after her first revolt against judicial interference, she was once again on the streets – this time, joined by hundreds protesting against Prime Minister Anwar Ibrahim 's alleged meddling in the appointment of Malaysia 's top judges. What felt like history repeating itself was in fact the country's legal practitioners taking a stand in defence of Malaysia's fragile system of legal checks and balances, the 68-year-old veteran lawyer told This Week in Asia. 'We have had to watch [the government] like a hawk and constantly keep tabs, which we never wanted to do,' she said, her frustration sharpened by experience. And Ambiga is far from alone. Around 1,000 lawyers marched on the prime minister's office in the administrative capital of Putrajaya on July 14, accusing Anwar of overstepping his mandate. Thousands more lent their support to the peaceful protest's call for an urgent course correction. Ambiga Sreenevasan speaks at a press conference in Kuala Lumpur in 2013. Photo: AFP
Free Malaysia Today
14-07-2025
- Politics
- Free Malaysia Today
Calls for probe into judicial interference claims in alleged JAC minutes
Bersatu president Muhyiddin Yassin called for corrective action if the allegations are proven true, while Bukit Gelugor MP Ramkarpal Singh said the prime minister must exercise extreme caution in advising the king on upcoming judicial appointments. PETALING JAYA : Bersatu president Muhyiddin Yassin and former deputy law minister Ramkarpal Singh have separately called for an investigation into allegations of abuse of power and judicial interference, following the alleged leak of minutes from a Judicial Appointments Commission (JAC) meeting. In a Facebook post, Muhyiddin said that if the allegations were true, they could compromise a person's fundamental right to a fair trial. 'These claims must be thoroughly investigated, and corrective action must be taken to ensure that judicial appointments are made with integrity, so that public confidence in the judiciary as a pillar of justice remains intact,' the Perikatan Nasional chairman said. A document allegedly containing excerpts from a JAC meeting held in May went viral on social media last weekend, raising concerns from various parties. The extract of the purported minutes said that the former chief justice had raised concerns about the integrity of a candidate for an administrative post in the judiciary. Claims were made that the judge in question had once attempted to influence the outcome of a case in favour of a specific party, and had sought the transfer of a fellow judge for holding a differing view. Muhyiddin said that if these claims were true, the appointment of the judge would violate Section 23(2)(a) of the JAC Act 2009 on judicial integrity. He said concern would grow if a judge with unresolved integrity issues was promoted to a higher position in the judiciary. Police have launched an investigation into the alleged leak of the JAC meeting minutes under the Official Secrets Act and two other laws. 'Extreme caution' in next judicial appointments Meanwhile, Ramkarpal said that the prime minister should exercise extreme caution in advising the king on upcoming judicial appointments, given the gravity of the allegations in the purported minutes. He also said that the judge named in the minutes should not be considered for any top posts unless cleared of wrongdoing by a full investigation. 'If the said judge is found to have committed wrongdoing as a result of such investigations, his or her integrity would be seriously in doubt,' the Bukit Gelugor MP said in a statement. 'The position demands a thorough and transparent investigation, and anything less can result in a serious loss of confidence in the Madani government, which should be avoided,' he said.
Malay Mail
13-07-2025
- Politics
- Malay Mail
Leak of alleged Judicial Appointments Commission meeting minutes online triggers calls for probe
KUALA LUMPUR, July 13 — An alleged excerpt of a Judicial Appointments Commission (JAC) meeting minutes from May has been leaked on social media. The excerpts, which appear to have originated on Reddit, are now circulating on Facebook and X. The minutes, which are classified, appear to contain allegations similar to those in a leaked police report lodged on behalf of a senior judge in June. 'Madness! If this document is true...' Public Accounts Committee chief Datuk Mas Ermieyati Samsudin said on Facebook. The police report was made after Malaysiakini contacted the judge on June 12 seeking comment on allegations that the judge was accused of judicial interference during a JAC meeting in May. Mas Ermieyati, who is also the Masjid Tanah MP, said while it is unknown whether the leaked document is real or fake, it carries very serious allegations. 'The government must answer and an investigation must be launched,' she urged. The allegations against the senior judge, as well as concerns about alleged interference in the appointment of judges after Tun Tengku Maimun Tuan Mat retired as chief justice, have sparked outrage. Last week, nine PKR lawmakers led by Datuk Seri Rafizi Ramli called for a royal commission of inquiry as well as the Parliament Special Select Committee on reforms to probe the allegations. Rafizi claimed that a scandal as bad as the VK Lingam judge-fixing episode may be in the making. The Malaysian Bar will be marching on Monday to hand over a memorandum to Prime Minister Datuk Seri Anwar Ibrahim calling for an RCI among other demands. Meanwhile, Anwar will meet with Pakatan Harapan MPs regarding the scandal on Monday as well. The Attorney General's Chambers has downplayed concerns about the judiciary, saying a comparison to the Lingam scandal was unwarranted. It also said that the allegations against the senior judge were just pure speculation about 'procedural irregularities'.
Free Malaysia Today
10-07-2025
- Politics
- Free Malaysia Today
Ex-CJ's tenure not extended because of Malta speech, claims ex-law minister
Former law minister Nazri Aziz said Tengku Maimun Tuan Mat should have raised her concerns over possible judicial interference privately to the prime minister. PETALING JAYA : A former law minister claims that former chief justice Tengku Maimun Tuan Mat failed to get an extension because she had inferred that the prime minister interfered with judicial appointments. Referring to a speech she made in Malta, Nazri Aziz said that Tengku Maimun should have raised her concerns over possible judicial interference privately, the Scoop reported. Instead, Tengku Maimun chose an international stage to do so, he said. 'If you feel the prime minister has interfered, then the matter should have been handled quietly. You speak to the prime minister and tell him, 'we feel you have interfered'. 'This should have been done behind closed doors, not in Malta!' he was quoted as saying. At the 24th Commonwealth Law conference in Malta in April, Tengku Maimun said that removing the prime minister's role in the appointment of judges can help dislodge the perception of political influence in the judiciary. She also revealed there had been proposals of late that the Judicial Appointments Commission Act 2009 and the Federal Constitution be amended to remove the role of the prime minister in the appointment of judges. 'Such changes, in my view, would reinforce the impartiality of the selection process, ensuring that judicial appointments remain firmly grounded on merit and free from any perception of political influence.' Nazri went on to say that Tengku Maimun's actions were unacceptable, especially at a time when Prime Minister Anwar Ibrahim was travelling extensively to bring investments into the country. He also disagreed with a suggestion by a lawyer that Tengku Maimun was not referring to Anwar when she made the remarks. 'You are the sitting chief justice. Anwar is the sitting prime minister. So you must be referring to him.' Tengku Maimun, he pointed out, had previously spoken on the need for a good relationship among the three pillars of government, namely the judiciary, executive and legislative. Nazri said a constructive and balanced relationship between the judiciary and the other branches of government is essential to preserving judicial independence while respecting the democratic mandate of Parliament. He said Tengku Maimun had previously stated that there is no contest for supremacy and that in Malaysia, the constitution is supreme. 'She should take a leaf from her own speech.' Tengku Maimun, who served as the country's 16th chief justice, retired on July 5. She became the first woman to helm the judiciary when she was appointed in 2019.
