'Only three PMs respected judicial independence'
Kamles KumarPublished: Mar 6, 2015 8:33 AM | Updated: Mar 6, 2015 9:03 AM
Only the first three prime ministers of the country recognised the importance of an independent judiciary, former de facto law minister Zaid Ibrahim said.
Other PMs have used their executive power to influence the bench, he charges.
Only the first three prime ministers of the country recognised the importance of an independent judiciary, former de facto law minister Zaid Ibrahim said.
“Our first three PMs showed great respect and deference to the rule of law and therefore, they all accepted the views of judges and the chief justice (CJ), whether on the appointment or promotion of judges.
“It would be unthinkable for them to appoint someone not supported by the CJ and the Bar Council,” he told Malaysiakini on Tuesday.
Zaid was asked to comment on Court of Appeal judge Justice Mohd Hishamudin Mohd Yunus being overlooked for promotion to the Federal Court in 2103 following alleged intervention by the Prime Minister's Office despite a recommendation by the Judicial Appointments Commission.
Justice Hishamudin (left) was again bypassed earlier this year.
Zaid, who was de facto law minister, was the key man behind the Judicial Appointments Commission Act which was passed in 2009 under former premier Abdullah Ahmad Badawi. The commission is to ensure transparency in the appointment of judges.
The former minister lamented that the government had veered sharply away from its ‘no meddling’path with prime ministers from Dr Mahathir Mohamad onwards using their executive powers more robustly to influence those in judicial high offices.
“They believed they have a ‘national duty’ to perform and it would be useful if judges in high office work in tandem with them.
“For so long as this thinking persists, no judicial commission or change of words in the Judicial Appointments Commission Act of 2009 will make any difference.”
‘Sound judgments’
Conceding that judges are also human, Zaid said: “They all want to be promoted and be called a ‘Tun’ or a ‘Tan Sri’.
“It’s not realistic to expect them to defy the expectations of the political masters. We just have to wait for the day when we have a PM who shows more trust in the judiciary.”
Commenting further on the fate of Justice Hishamudin, Zaid described it as a loss to the country.
“I am disappointed [...] I do not want to speculate what causes it but I always find his judgments sound.
“He is courageous and willing to make legal pronouncements in accordance with the federal constitution although such views may not be politically correct today.
“I am sure he will continue to remain steadfast in his commitment to the principles of the constitution,” said Zaid.
Justice Hishamudin was not elevated to the country’s apex court allegedly because he led a panel in a judgment against Prime Minister Najib Abdul Razak and his deputy Muhyiddin Yassin in a suit filed by Hindraf leaders M Manoharan (left in photo) and P Uthayakumar (right in photo) involving the status of 500 Tamil schools.
Manoharan described the decision as the first in the country against a sitting PM.
“Our first three PMs showed great respect and deference to the rule of law and therefore, they all accepted the views of judges and the chief justice (CJ), whether on the appointment or promotion of judges.
“It would be unthinkable for them to appoint someone not supported by the CJ and the Bar Council,” he told Malaysiakini on Tuesday.
Zaid was asked to comment on Court of Appeal judge Justice Mohd Hishamudin Mohd Yunus being overlooked for promotion to the Federal Court in 2103 following alleged intervention by the Prime Minister's Office despite a recommendation by the Judicial Appointments Commission.
Justice Hishamudin (left) was again bypassed earlier this year.Zaid, who was de facto law minister, was the key man behind the Judicial Appointments Commission Act which was passed in 2009 under former premier Abdullah Ahmad Badawi. The commission is to ensure transparency in the appointment of judges.
The former minister lamented that the government had veered sharply away from its ‘no meddling’path with prime ministers from Dr Mahathir Mohamad onwards using their executive powers more robustly to influence those in judicial high offices.
“They believed they have a ‘national duty’ to perform and it would be useful if judges in high office work in tandem with them.
“For so long as this thinking persists, no judicial commission or change of words in the Judicial Appointments Commission Act of 2009 will make any difference.”
‘Sound judgments’
Conceding that judges are also human, Zaid said: “They all want to be promoted and be called a ‘Tun’ or a ‘Tan Sri’.
“It’s not realistic to expect them to defy the expectations of the political masters. We just have to wait for the day when we have a PM who shows more trust in the judiciary.”
Commenting further on the fate of Justice Hishamudin, Zaid described it as a loss to the country.
“I am disappointed [...] I do not want to speculate what causes it but I always find his judgments sound.
“He is courageous and willing to make legal pronouncements in accordance with the federal constitution although such views may not be politically correct today.
“I am sure he will continue to remain steadfast in his commitment to the principles of the constitution,” said Zaid.
Justice Hishamudin was not elevated to the country’s apex court allegedly because he led a panel in a judgment against Prime Minister Najib Abdul Razak and his deputy Muhyiddin Yassin in a suit filed by Hindraf leaders M Manoharan (left in photo) and P Uthayakumar (right in photo) involving the status of 500 Tamil schools.Manoharan described the decision as the first in the country against a sitting PM.
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