The Malaysian Bar extraordinary general meeting (EGM) on Oct 4 will discuss the 'unsatisfactory' justifications for July's controversial appointment of judges, where a number of senior members of the judiciary were overlooked for promotions.

Apart from ascertaining the rationale behind the appointments of some junior judges - especially the three who had heard cases involving the former deputy prime minister Anwar Ibrahim - to the Court of Appeal and the Federal Court, the meeting also seeks to establish a transparent and systematic procedure for future appointments.

"The Malaysian Bar calls upon the government and the chief justice to disclose and make public sufficient details the method and criteria employed in the July 2003 judicial promotions, and to engage in full discussion with the Bar regarding the same," read a resolution which was circulated to the lawyers recently.

The Oct 4 EGM, which will be held at the Crown Princess Hotel in Kuala Lumpur, will required a quorum of at least one-third of the 10,000 Bar members.

The council also proposed that its members deliberate on the issue of calling on the government and the chief justice to set up an independent judicial commission to handle future appointments, transfers and promotions.

Such an independent body will ensure that all appointments and promotions are done in a "transparent, structured, accountable, objective and consultative manner". Any efforts in establishing the commission must be made in full consultation of the Bar, added the resolution.

"The commission is to also study, review and make recommendations regarding the remuneration, funding, support, training and continuing education for the judiciary."

Serious matter

Last month, Bar Council chairperson Kuthubul Zaman Bukhari called for the EGM after his colleagues in the council felt that the issue was serious enough to be discussed further by all members of the Bar as it affects the legal profession.

Earlier, Chief Justice Ahmad Fairuz Sheikh had defended the promotion of the junior judges, especially the controversial trio - justices Panjan Singh Gill, Arifin Jaka and Augustine Paul - stating that their elevation was not based on seniority alone but on ability, integrity and experience as well.

The council stated that the resolution also seek improvement in the country's judicial system.

"The current method adopted by the prime minister and the chief justice, as indicated by the recent promotions, precludes consultation with the Bar. Circumstances also suggest that an objective, transparent and accountable system is not being brought to bear in ascertaining and ultimately determining the candidates for promotions and appointments."

It stated that the Bar is deeply concerned that the promotions may lead to further erosion of the public confidence in the judiciary, more so in the light of the unsatisfactory explanations that had been offered.

"Other things being equal, seniority should prevail in the process of promotion of judges. Seniority should only give way to other acceptable and objective criteria that must be clearly explained."

Disregard of seniority will only give rise to unhealthy speculations which is unfair to both the promoted and the bypassed judges, it added.

The Bar has previously defended its decision to call for the EGM as it has a statutory duties to address the matter especially since the judicial independence is a matter that relates to the law and the public.