Chief Justice Ahmad Fairuz Sheikh Abdul Halim has been urged to take the lead in ensuring that judicial promotions are also earned through seniority.

While agreeing with Ahmad Fairuz that seniority should not be the only criteria in the assessment of a judge's ability for promotion, DAP deputy chairperson Karpal Singh said that it should be an important factor to consider after merit and competency.

"Seniority should be accorded proper premium. It cannot be denied that wisdom is enhanced with age and experience," he said.

"I call upon the chief justice to take the lead in ensuring judicial promotions are earned through seniority, a criteria which has served the country well in the past," Karpal said in a press statement in response to Ahmad Fairuz's remarks when announcing the appointment of judges to the Court of Appeal and the Federal Court yesterday. (See chart: judiciary)

The chief justice had said that seniority is only among the many factors that were considered in the promotion of judges.

Ahmad Fairuz ( photo ) said all the eight judges promoted yesterday - including justices Pajan Singh Gill, Arifin Jaka and Augustine Paul - were chosen on a list of criteria which include "ability, integrity, experience and social conduct".

'Disillusioned and dissatisfied'

Karpal, who is also a senior lawyer, said that public confidence in the quality of the appellate courts must be taken into consideration when considering judicial promotions, and it is at this level of the judiciary that people depend on to correct any wrongs committed at the lower courts.

"Independence of the judiciary can only be enhanced by a judiciary which is not disgruntled. Disrespect for seniority reflected in promotion only lead to deterioration in the quality of performance of judges who are, after all, human," he said.

He said judges too must be treated justly as "a disillusioned and dissatisfied judiciary will certainly be counter-productive to the national interest".

Meanwhile, Bar Council chairperson Kuthubul Zaman Bukhari said it was too early for the council to decide whether to hold a meeting to discuss the recent appointments.

"It is too soon to make a decision now. The promotions were just announced yesterday," he said when asked if his organisation which represents 10,000 lawyers would call for an extraordinary general meeting to discuss the issue.

He said the matter may be discussed by the council members on Monday when they are scheduled to meet to discuss professional indemnity.

"If any member brings up the issue, then we will probably discuss it. If not, then we won't. I can only respond after hearing the collective views of the members," the Bar Council chief added.

Early this month, Kuthubul issued a strongly-worded statement to express the council's hope that the traditional approach on promotion of judges would be adhered to and that seniority would not be lightly discarded.

He had said that the council would 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.

Promotions a 'reward'

Speaking on the same issue, Dr Wan Azizah Wan Ismail and Dr Syed Husin Ali - presidents of the soon-to-be-merged Keadilan and PRM - alleged that yesterday's elevation had "further eroded whatever was left of the judiciary's credibility".

"It (appointments) is one of many examples of interference on the independence of the judiciary, which has long been lost since Salleh Abas was stripped off his position as lord president, at the behest of the prime minister," they said.

They also described Ahmad Fairuz's defence that the elevations of Pajan, Arifin ( photo ) and Paul were not 'reward' for their involvement in Anwar Ibrahim trials as "very lame".

Pajan was one of the three Court of Appeal judges who affirmed Arifin's decision to convict Anwar for sodomy and sentence him to nine years' jail, while Paul jailed Anwar six years for corruption.

They said the fact that Pajan was chosen over more senior and credible judges like Gopal Sri Ram and Denis Ong - whose ability and credibility have long be proven - had strengthened the views that the promotions had indeed been a 'reward'.

"What the latter two lacked compared to Pajan is that they have not been involved in confirming either of Anwar's convictions," they said in a statement.

They said the suspicious promotions are similar to the questionable appointment of Ahmad Fairuz himself as the chief judge of Malaya two years ago, whose elevation bypassed a more senior colleague.