COMMENT The ongoing investigation against several members of the Malaysian Bar pertaining to its recent annual general meeting (AGM) in discussing the conduct of the attorney-general (AG) is worrying.

The members of Malaysian Bar voted and passed the motion in the said AGM.

The Malaysian Bar is a professional body that fights for justice to begin with. The Legal Profession Act 1976 stipulates the objectives of the Malaysian Bar to include, inter-alia: “to protect and assist the public in all matters touching ancillary or incidental to the law” and “where requested so to do, to express its view on matters affecting legislation and the administration and practice of the law in Malaysia”, and “to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour”.

As a member of the Bar, I strongly feel that the Bar must remain independent and above politics.

The Bar is therefore required to act independently and to voice out concerns involving legal matters and rule of law without fear and favour.

Public authorities need to understand the role of the Bar in this regard. The Bar is not empowered with armed forces. The Bar is not equipped with authorities to arrest and to charge the wrongdoers in court.

But the Bar charms in its own ways; its independence and its gallantry in fighting for just cause is and has always been the identity of the Bar not only in Malaysia, but across the world.

To harass, or to intimidate the members of the Bar is equivalent to harassing the society.

The Bar speaks for the people. This is a very basic concept in democracy. Lawyers should not be afraid to tell what is right and what is wrong; in fact it is our duty to assist the court even if it is not favourable to our client. Members of the Bar, are after all, officers of the court.

The motion pertaining to the conduct of the attorney-general was discussed by the members, debated and voted in an AGM; a privilege which can only be exercised by the members of the Bar.

It should be noted that there is a judicial review application pending disposal where the Bar seek review from the court as to the recent conduct of the attorney-general.

Questioning the exercising of powers by the attorney-general cannot, in my opinion be regarded as seditious. To hold such a view, is like knocking on the door of tyranny and must be avoided in this modern-day society.

MOHAMAD SIDDIQ AZANI is a practising lawyer.