Chief Justice Ahmad Fairuz Sheikh Abdul Halim should establish an independent judicial commission before incorporating magistrates and Sessions Court judges into the judiciary, said DAP chairperson Karpal Singh today.

Although he supported the call by Ahmad Fairuz that "a clear line was needed between the executive and the judiciary", he said there were more important matters to address.

Karpal was responding to the proposal by Ahmad Fairuz to incorporate magistrates and Sessions Court judges, who were considered government servants, into the judiciary.

Speaking at a judges conference in Putrajaya recently, Ahmad Fairuz said the proposal would be submitted to the government once proper discussions on the issue were held.

He reportedly said that by doing so, the public would then look up to the judiciary as being independent.

"As long as magistrates and Sessions Court judges are government servants, they cannot be regarded as independent. The judiciary has to be independent as this is a part of democratic principles," he was quoted as saying by the Star.

Separation of powers

Meanwhile, Karpal said this proposal alone was not sufficient enough to guarantee an independent judiciary.

"What is more important for the chief justice to address is the requirement of independence of High Court, Court of Appeal and Federal Court judges who form the upper echelons of the judiciary," he added in a statement yesterday.

Currently, the Federal Constitution provides for the appointment of High Court, Court of Appeal and Federal Court judges by the Yang Di Pertuan Agong acting on the advice of the prime minister after consulting the Conference of Rulers.

"The Yang Di Pertuan Agong acts on executive advice and the prime minister is the head of the executive. There is no separation of powers," Karpal, who is also a prominent lawyer, pointed out.

"Clearly the executive has a direct say in the appointment of High Court, Court of Appeal and Federal Court judges. It cannot therefore be said that the judiciary is independent of the executive,"he added.

Contacted today, Karpal said the commission can only be done by legislation and DAP would be pressing for it in Parliament next week.

"The judicial commission would be done by Parliament and it would also involve amending the constitution. I hope to bring this in next week in Parliament during the supplementary questions," he added.