Most were caught off guard when former Federal Court Judge Gopal Sri Ram, FCJ appeared as the lead counsel in opposition leader Anwar Ibrahim’s final appeal on the Sodomy II case in the Federal Court, and it immediately sent tongues wagging about whether ex-judges should be barred from the Bar and appearing in courts before their ex-colleagues.

If such an argument is to be accepted we would see many legal personalities who are running successful legal firms as partners and principals be out of jobs.

It has been a common practice for those who have served in the Judicial and Legal Services either as a Senior Assistant Registrars, Magistrates, Deputy Registrars, Sessions Judges and even for that matter at the High Court as the Judge continue their careers as practitioners at the Bar.

Some appear in court whereas some don’t. Some wield influence in the commercial, banking, real estate development and industrial sectors due to their positions earlier in the Legal Services. This helps establish their practices and it in turn helps generate jobs for the younger members of the  profession.

It has been something which has always been happening in our legal fraternity ever since its inception during the times of the British colonialists. The same is seen when retired prosecutors and police officers become practitioners at the Bar at some point of their careers after they have left the civil service. Why can’t the same be extended to the Appellate Court Judges who want to practise after their retirement at the age of 66 from the Appellate Bench?

They are still able mentally and physically and as long as there is a will to continue to serve and a passion for the law, one should not be deprived of that right to practice just because one had been a former judge of the Superior Courts especially the Appellate courts. If ministers are allowed to sit in their positions till they see it fit to retire, why can't retired judges be allowed the same right?

Some leaders are in their 70s and 80s and they are still leading their nations, states and organisations. They have vast knowledge and the best qualification of all which is the degree of experience, which only comes with age and the time spent in their chosen field of endeavour. Why must we then confine our retired judges to some quiet corner of their private chambers when they are walking encyclopedias of the law and the art of advocacy?

Engage these seniors and learn from them

The younger members of the Bar should not feel intimidated by their presence but instead use the opportunity to learn from them. Similarly the younger members of the Judiciary and the Prosecution Services of the Attorney-General’s Chambers who would have been the subordinates or peers of these retired Judges should not feel small or intimidated by their presence before them in the cases that they preside over but instead engage these seniors and learn from them.

If one can't agree with them, then so be it. As long as there is a valid reason for doing so, these senior Justices will understand. We must always agree to disagree.   

We should not be practitioners of double standards which we here are very good at. Prime ministers and ministers stay on for as long as they like because they are Members of Parliament and are elected by the people, similarly retired judges should be able to practice at the Bar and appear in any Court as long as they are engaged by their clients.

The clients, like voters in constituencies, are also the public, therefore they should not be barred from exercising their right to engage a counsel of their choice just like constituents who vote for their preferred candidate as their Member of Parliament whether he is in his 60s, 70s or even in his 80s.

There are many retired Judges out there who are still very capable and have superbly sharp legal minds which can still be of benefit to the people. Depriving these learned individuals a right to appear in the Courts where they once presided over is definitely discrimination.

One ought to be allowed to contribute and practice in the field in which one is qualified in as long as one is still fit and able to do so. Let’s all remember that we can’t fight age. We may be able to hide it temporarily but nature will eventually take its course. Therefore, as long as one can contribute to society, one should be allowed to do so without any form of discrimination. There must be justice for the Justices.