The government will not amend the 1976 Legal Profession Act to reduce the required quorum for the Bar to hold general meetings, said Minister in the Prime Minister's Department Dr Rais Yatim today.

He said although the Bar had forwarded its request for an amendment, the matter was "not for discussion now".

"It was vehement of the Bar to assert its views (on the amendment), but the government has the right under the law whether or not to recognise the demand.

"If the issue is of sufficient status or interest, then by the normal course of event, they should be able to fill up the quorum. It's (the EGM) not the priority of the lawyers at large. Therefore, I don't think the amendment is of viability for discussion now," he told a press conference at the Parliament lobby

The Bar had continuously requested for the amendment and raised it again after it failed to hold an extraordinary general meeting (EGM) on Oct 4 to discuss the recent judicial promotions due to a lack of quorum.

Section 67 of the LPA states that the Bar must secure the attendance of at least one-fifth of its members to hold any general meeting. Currently, there are 11,059 members which means the Bar needs 2,212 members to hold an EGM.

Bar council chairperson Kuthubul Zaman Bukhari had described the quorum requirement as "unrealistic and ridiculous".

'Show proof'

Commenting on the Bar's proposal that it be consulted before judges were promoted, Rais said this was up to Chief Justice Ahmad Fairuz Sheikh Abdul Halim.

"There is no provision under the law for consultation other than the Conference of Malay Rulers. The appointment of judges must be specifically decided by the law, not by sentiments of politics," he added.

Rais, who is also de facto law minister, stressed that the promotion of judges in July was done according to the law and told critics to "provide proof or shut up".

Certain quarters alleged that the promotions, which saw several senior judges being bypassed, were politically motivated.

Rais said the promotions fulfilled the criteria stipulated under the Federal Constitution and adhered with the United Nations' Basic Principles on the Independence of the Judiciary.

"Please show the evidence that we are biased, otherwise, shut up," he said, adding that a good judge was someone "capable, productive, writes many articles and books" instead of merely being a veteran in the field.

The minister also said those who cast aspersions on the promotions did not have any grounds.

"The ulterior motive of wanting certain personalities to become judges is certainly without the purview of the Bar.

"Therefore I am not bar from the finality and conclusion that certain political endeavouring is also within the thinking of the council itself," he said, adding that this was equivalent to "wanting your preferable judge to sit in the trial".

Section 46A

Rais urged the Bar to address issues that concerned lawyers - such as the campaign to abolish Section 46A in the LPA - rather than focusing on judicial promotions.

Section 46A disqualifies members below seven years of experience, members of Parliament, state assembly representatives, and office-bearers in trades union and political parties from holding any post in the Bar Council.

Elaborating on this, the minister supported the campaign and said that all should be accorded the equal right to run the council.

"The young lawyers ought to be given the same chances under the law. Otherwise, it perhaps could be an issue of discrimination under Article 8 of the Federal Constitution (rights for equality). It is up to the young lawyers to take it up but the government views that everybody should have equal rights in running a body such as the Bar.

The Bar had previously stated its support for the campaign.

Earlier during the question and answer session in the Dewan Rakyat, Rais had defended the judicial promotions as being carried out in accordance to the constitution.

He was responding to an oral question from Kamaruddin Jaafar (PAS-Tumpat).

Questioning the King

In a supplementary question, the PAS MP claimed that those who were promoted, such as Justice Augustine Paul, had 'acted like a prosecutor more than a judge' in many high-profile cases that involved opposition figures.

At this juncture, Speaker Dr Mohamed Zahir Ismail said the question should not be discussed as it could amount to questioning the power of the King in appointing the judges.

Rais also criticised Kamaruddin for violating Standing Order 36 (8) which prevents parliamentarians from questioning the character of members of the judiciary.

Paul, a former High Court judge now promoted to the Court of Appeal, became a household name when he heard the corruption trial of ex-deputy premier Anwar Ibrahim in 1999.

The latter was subsequently found guilty and sentenced to nine years in jail.

Also promoted were Justice Ariffin Jaka who convicted the ex-deputy premier for sodomy and Justice Pajan Singh Gill, who was among the three-member panel that dismissed Anwar's appeal.