Bar Council chairperson Kuthubul Zaman Bukhari took Deputy Minister in the Prime Minister's Department M Kayveas to task today for suggesting that the council's attempt to convene an extraordinary general meeting (EGM) last Saturday was 'disruptive' and lacking a mandate.

Kuthubul said he did not see how the holding of an EGM to discuss concerns over the process of appointments and promotions in the judiciary could be construed as being "disruptive" since it was the right of the council to comment on matters pertaining to public interest.

"Avoidance of public awareness of or an open discussion on issues of public importance is, in the 21st century Malaysian society, a futile and counter-productive effort," he said in a statement.

Kayveas, a lawyer himself, was quoted in a news report yesterday as saying that the failure of the Bar council to call for the EGM indicated lack of support from members.

He also warned the council that it was being closely watched by the Prime Minister's Department, saying, "If council members continue to go beyond the powers accorded to them, we may have to reconsider the relevance of the Bar Council."

'Unrealistic' requirement

Kuthubul rejected suggestions that the Bar Council lacked the mandate to call for the EGM, and said instead that the fact that council members were elected annually was proof that they were representatives of the Bar.

"We are no less mandated than the government which consists of representatives elected once every four to five years," he said.

What may be different and which the Bar Council has not been hesitant to do, is that it consults its members from time to time and is always prepared to subject its actions to members' views and scrutiny."

He reiterated his view that the lack of quorum for the EGM was not due to any shortage in support but rather to the "unrealistic" requirement imposed on the Bar for one-fifth of its members or 2,212 individuals to sign up.

"If, for example, 1,458 doctors (or engineers, or accountants, etc) had gathered to discuss a matter, once could hardly deduce a lack of interest in or support for the particular cause. It is likewise for the Bar."

Strong criticism

According to him, the lack of quorum merely meant that a resolution could not be formally tabled or carried, but this had no implications on the level of support for the council's position.

"What took place last Saturday remains a consultative process. The outcome of which (and of the informal discussions that took place) is that the Bar very clearly supports the council's position," he added.

"It was a democratic process undertaken by the Bar Council undeterred by the prohibitive quorum requirement and other obstacles placed in its path."

The Bar Council decided last August to call for the EGM so that all members could discuss the controversial appointment of several judges in July, whereby senior members of the judiciary were overlooked for promotions to the Court of Appeal and the Federal Court.

The meeting also sought to establish an independent judicial commission to ensure a more transparent and systematic procedure for future appointments.

However, the initiatives have since been strongly criticised by government ministers, including Prime Minister Dr Mahathir Mohamad.

Minister in the Prime Minister's Department Dr Rais Yatim said the move by the council to look into the appointment of judges was tantamount to questioning the powers of the Yang di-Pertuan Agong and the Rulers' Councils.