Action awaits those who tarnish judiciary
Hafiz YatimPublished: Feb 16, 2015 8:00 AM | Updated: Feb 17, 2015 12:43 AM
The public has been urged not to make unfounded criticisms on the judiciary through the social media as this will undermine the administration, Chief Justice Arifin Zakaria said today.
Chief Justice Arifin Zakaria has warned that action will be taken against those who undermine the credibility of the judiciary.
The top judicial officer was speaking generally about the attacks on the judiciary in his speech, but commented that the unfounded criticisms through the social media had been made in a forum held recently.
In view of this, he urged the public not to make "unfounded criticisms" against the judiciary on the social media as this would undermine the administration of justice.
"In line with the spread of communication technology, there are many in society who are unashamed and do not feel guilty in throwing criticisms and making insinuations (sindiran) on all the things happening around them.
“It’s as if their actions are deemed warranted when they make statements through the social media - like Facebook, Twitter, Instagram and YouTube which have rising followers - despite such criticisms having no justification and are hence, questionable.
"The unwarranted criticisms have tarnished the judiciary. The court views seriously of such efforts - which will affect the dignity and integrity of the courts - and we will not hesitate in taking action," he said during the elevation of four judges at the Palace of Justice in Putrajaya today.
Justice Arifin warned that any unfounded criticisms on the judiciary would affect the administration of justice in the country, and that it would diminish the people’s trust on the judicial institution.
“No nation can call itself ‘fair and just’ without an efficient and trusted judiciary. By trusted, I mean a judiciary that delivers justice and is seen to deliver justice independently,” he noted.
He reiterated that the independence of the judiciary is paramount in the country's administration, and that the prime minister has been asked to vouch for this in the Judicial Commission's Act.
Justice Arifin said the country's law system would be disabled if the judiciary does not ensure its independence and do its responsibility based on the democratic principles of separation of powers.
“The absolute independence of the judiciary is the bulwark of the constitution against encroachment - whether by the legislature or by the executive,” he added.
He said Section 2 of the 2009 Act stipulates that the PM should ensure the judiciary’s independence, the need for a judiciary institution to have the necessary support so it could function properly, and the need for public interests to be represented.
'Judges owe no loyalty to ministers'
The top judicial officer further read a passage from the late Lord President and Perak Sultan Raja Azlan Shah, who said: “The judges are not beholden politically to any government. They owe no loyalty to ministers...
“They are lions under the throne, but the seat is occupied in their eyes - not by kings, presidents or prime ministers, but by the law and their conception of public interests. It is to that law and to that conception that they owe their allegiance. In that lies strength.”
Justice Arifin pointed out that the responsibility of the judiciary’s integrity does not fall on the shoulders of the PM and the judges alone, but that it needs to be defended by the people as well.
Hence, he said it is the responsibility of the people to protect the dignity and integrity of the judicial institution to ensure that the administration of justice could be meted out without any barriers or trouble.
“I would like to remind everyone - especially the lawyers - not to resort in disregarding the sovereignty of the law, by expressing their unhappiness on a court decision. The people should also be cautious and responsible in airing their views on the social media.
“I must say that a matter concerning the administration of justice in the country should be left entirely to the judiciary, without interference. The judiciary must be perceived to be an institution that serves to deliver justice to the people regardless of their race, religion or creed in upholding the democratic principle of separation of powers.
“The judiciary must also be seen as the guardian of the federal constitution and the sentinel to keep watch of the peoples rights,” he stressed.
The judiciary's integrity once again come under the spotlight with the Federal Court's verdict in Anwar Ibrahim's appeal last week.
The opposition leader himself unleashed a scathing attack from the dock on the judges who heard his appeal, accusing them of colluding with their political masters.
The four judges who were elevated are Justice Zaharah Ibrahim (to Federal Court), Justice Zamani A Rahim (Court of Appeal), and the confirmation of two High Court judges - namely Justice Vazeer Alam Mydin Meera and Douglas Cristo Primus Sikayun.
The top judicial officer was speaking generally about the attacks on the judiciary in his speech, but commented that the unfounded criticisms through the social media had been made in a forum held recently.
In view of this, he urged the public not to make "unfounded criticisms" against the judiciary on the social media as this would undermine the administration of justice.
"In line with the spread of communication technology, there are many in society who are unashamed and do not feel guilty in throwing criticisms and making insinuations (sindiran) on all the things happening around them.
“It’s as if their actions are deemed warranted when they make statements through the social media - like Facebook, Twitter, Instagram and YouTube which have rising followers - despite such criticisms having no justification and are hence, questionable."The unwarranted criticisms have tarnished the judiciary. The court views seriously of such efforts - which will affect the dignity and integrity of the courts - and we will not hesitate in taking action," he said during the elevation of four judges at the Palace of Justice in Putrajaya today.
Justice Arifin warned that any unfounded criticisms on the judiciary would affect the administration of justice in the country, and that it would diminish the people’s trust on the judicial institution.
“No nation can call itself ‘fair and just’ without an efficient and trusted judiciary. By trusted, I mean a judiciary that delivers justice and is seen to deliver justice independently,” he noted.
He reiterated that the independence of the judiciary is paramount in the country's administration, and that the prime minister has been asked to vouch for this in the Judicial Commission's Act.
Justice Arifin said the country's law system would be disabled if the judiciary does not ensure its independence and do its responsibility based on the democratic principles of separation of powers.
“The absolute independence of the judiciary is the bulwark of the constitution against encroachment - whether by the legislature or by the executive,” he added.
He said Section 2 of the 2009 Act stipulates that the PM should ensure the judiciary’s independence, the need for a judiciary institution to have the necessary support so it could function properly, and the need for public interests to be represented.
'Judges owe no loyalty to ministers'
The top judicial officer further read a passage from the late Lord President and Perak Sultan Raja Azlan Shah, who said: “The judges are not beholden politically to any government. They owe no loyalty to ministers...
“They are lions under the throne, but the seat is occupied in their eyes - not by kings, presidents or prime ministers, but by the law and their conception of public interests. It is to that law and to that conception that they owe their allegiance. In that lies strength.”
Justice Arifin pointed out that the responsibility of the judiciary’s integrity does not fall on the shoulders of the PM and the judges alone, but that it needs to be defended by the people as well.Hence, he said it is the responsibility of the people to protect the dignity and integrity of the judicial institution to ensure that the administration of justice could be meted out without any barriers or trouble.
“I would like to remind everyone - especially the lawyers - not to resort in disregarding the sovereignty of the law, by expressing their unhappiness on a court decision. The people should also be cautious and responsible in airing their views on the social media.
“I must say that a matter concerning the administration of justice in the country should be left entirely to the judiciary, without interference. The judiciary must be perceived to be an institution that serves to deliver justice to the people regardless of their race, religion or creed in upholding the democratic principle of separation of powers.
“The judiciary must also be seen as the guardian of the federal constitution and the sentinel to keep watch of the peoples rights,” he stressed.
The judiciary's integrity once again come under the spotlight with the Federal Court's verdict in Anwar Ibrahim's appeal last week.
The opposition leader himself unleashed a scathing attack from the dock on the judges who heard his appeal, accusing them of colluding with their political masters.
The four judges who were elevated are Justice Zaharah Ibrahim (to Federal Court), Justice Zamani A Rahim (Court of Appeal), and the confirmation of two High Court judges - namely Justice Vazeer Alam Mydin Meera and Douglas Cristo Primus Sikayun.
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