The Bar Council today expressed its concern on the impending promotions in the judiciary hoping that the traditional approach on promotion with reference to seniority would not be lightly discarded.

Its chairperson Kuthubul Zaman Bukhari said in a statement that the council will call for an extraordinary general meeting if necessary in the event that senior judges are bypassed in promotions in favour of junior ones and when that is not fully and publicly explained.

"A merit-based selection process (in place of the traditional approach) will only be acceptable if it is open structured, if there exists a sufficient degree of transparency and objectivity, and if there is full consultation with important stakeholders of the justice system such as the Bar and members of the bar who are "consumers" of the justice system," he said.

Kuthubul stressed that the absence of transparency and lack of consultation will do nothing to dispel any perception that judicial promotions might be based on subjective favouritism, or, worse still, might be a form of reward to a selected few, unguided by relevant and proper considerations.

Senior judges

As a public record, the council also revealed that the five most senior Court of Appeal judges are Gopal Sri Ram, Mokhtar Sidin, Denis Ong Jiew Fook, Abdul Hamid Mohamad and Abdul Kadir Sulaiman; whereas the five most senior High Court judges are Faiza Tamby Chik, James Foong, Ian Chin Hon Chong, Azmel Maamor and Vincent Ng Kim Khoay.

"If these senior judges are bypassed in promotions in favour of junior ones, there must exist very cogent and relevant reasons which must be disclosed and fully explained to the public.

"Anything less than a full and convincing explanation will immediately damage public confidence in the administration of justice," Kuthubul said.

The public, he added, must also be engaged in an open and constructive discussion of this issue of judicial appointments.

It must be remembered that the judiciary is "one of our most important national assets" and every citizen has a stake in it, he said..