The recent judicial promotions involving junior judges warrant a serious debate on the independence of the judiciary, and the apparent lack of transparency in the appointments, said young lawyers today.

As such, they said, the decision by the Bar Council to call for an extraordinary general meeting (EGM) - scheduled on Oct 4 - to discuss the controversial promotions does not amount to contempt of court.

The decision by the Bar Council came into dispute when certain quarters questioned the move, stating that any discussion by the Bar on the judiciary could be against a previous Court of Appeal ruling which barred such things.

However several senior lawyers had dispelled such a notion, claiming that the Bar, as part of the legal profession, was duty-bound to speak up for the protection of the independence of the judiciary.

Now in a move to support the views espoused by their seniors, several junior lawyers - who make a substantial number in the profession - told malaysiakini that the EGM was necessary.

'Our opinions'

Latheefa Koya said she supports the call by the Bar as most members were unsatisfied with the recent promotion of judges and the lack of transparency in the appointment process.

She said the EGM will enable lawyers to properly address the issue and in turn come out with thorough resolutions and actions that need to be taken to improve the independence of the judiciary.

"Of course the council chairperson can always issue press statements to express the lawyers' concern on the issue. But the lawyers' presence in the EGM will show how strong their opinions are on the issue," she said.

As to the claims that the EGM can be viewed as contemptuous, Latheefa said that it was "utter rubbish".

"The EGM is the most effective way for us to express our dissatisfaction on the matter. I don't understand why some quarters feel that this is not the right move. We have no intention to personally attack the judges but discuss the lack of transparency on the selection of judges," she said.

"Of course the Chief Justice has the right to make his recommendations (on appointments and elevation of judges), but he cannot do it in a whimsical manner."

She also expressed hopes that lawyers will try their best to attend the EGM to ensure that there will be enough quorum to start the meeting.

There are about 10,500 members in the Malaysian Bar and a quorum of one third of that number is needed for the meeting to proceed.

Hot topic

"We always had problems with fulfilling the (one-third) quota because the number set is very high. But ... even if we can't meet the quota does not mean that lawyers are not concerned with the issue. Most of the time it involved questions of logistic and time," she said.

However, lawyer Fahri Azzat believes that the quorum will be met easily considering that the issue is a "hot topic" among lawyers.

He said that there is a general mixed feeling of "disappointment and appall" among young lawyers on the recent appointments.

"I have not heard anyone who had agreed with the promotions," he said.

Nevertheless, Fahri felt that there was no real need to call for an EGM, especially when it will be costly to hold one.

"If I understand it correctly, they are holding an EGM to seek a mandate from its members on what to do to address the promotions. I think they should go ahead and criticise without having an EGM. But if they insist to hold the EGM, I will make a point to attend it and support it," he said.

As to the contempt allegations, he said: "If the judiciary feels that it is contemptuous to discuss the issue, then their view speaks of their credibility."

Thus far, there have been no comments from the Chief Justice or anyone else from the judiciary on this matter.

However, during the appointment of judges on July 24, Chief Justice Ahmad Fairuz Sheikh Abdul Halim defended the promotion of the junior judges - Justices Pajan Singh Gill, Arifin Jaka and Augustine Paul - stating that the promotion was not based on seniority alone but on ability, integrity and experience as well.

Avoid confusion

Another lawyer, Yusmadi Yusof felt that the Bar has to further define the subject matter that will be discussed in the EGM to avoid any confusion.

"Our real concern is the independence of the judiciary. The EGM cannot be held just to question the judicial appointments. If the intention is to discuss the independence of judiciary then I don't think the claims of acting in contempt will hold water," he said.

"However, if members are to question the credibility of certain judges who were promoted recently, then, there would be a basis to say that the EGM is contemptuous," he added.

He added that the independence of the judiciary has long been in question and that continuous efforts must be made to improve the judiciary.

"Awareness campaigns, seminars and discussions to discuss the matter must be made on regular basis until it improves," he suggested.

Another lawyer Fahda Nur Ahmad Kamar said the call for EGM is timely as to date there has been little discussion on the issue.