Chief Justice Arifin Zakaria today advised judges not to follow judicial precedents blindly without careful analysis.

The top judge added that it was the job of judges to unravel the problems that exist using their creativity.

“Do not follow judicial precedent blindly without careful and thorough analysis. With this, judges can write mature judgments and their decisions would be equal and just,” said Justice Ariffin when delivering his speech at a function on the elevation of 12 judges.

He also reminded judges to arm themselves with legal knowledge which goes along with the development of current affairs in the world.

Justice Arifin said the phenomenon of a world without borders had seen rapid changes in society, with cases having global aspects.

He cited cases like terrorism, human trafficking and national security involving subversive elements across borders as some of the examples.

“In facing the challenges of today, judges have to equip themselves with the right knowledge so that their legal opinion is in line with current affairs. This is vital to make sure that the laws of the country continue to develop on the right legal foundation,” said Justice Arifin who is expected to retire next month.

Also present at the event were Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin and Chief Judge of Sabah and Sarawak Justice Richard Malanjum.

Justice Prasad Sandosham Abraham was elevated from the Court of Appeal to the Federal Court, while 11 others were confirmed as High Court judges.

They are Justices Azimah Omar, M Gunalan, Lim Chong Fong, Nordin Hassan, Azmi Ariffin, Noorin Badaruddin, Lawrence Sequerah, Azizul Azmi Adnan, Mohamed Zaina Mazlan, Mohd Nazlan Mohd Ghazali and Azahari Kamal Ramli.

Justice Arifin said the judiciary now comprised 132 judges, namely 12 in the Federal Court, 27 in the Court of Appeal, 63 High Court judges and 26 judicial commissioners.

He also reminded that a judge's job was not easy and that they should do their jobs diligently.

“You should act based on mature thinking with the knowledge that you possess, and that your actions are based on the law. The judges are the pillars of our entire justice system,” he said.

“As you move up the ladder, I can assure you the challenges also increase, commensurate with your position. So I advise you to build your mental stamina as you move up the ladder. That will keep you in good stead in later years,” he said.

Do not deviate from the law

Justice Arifin said due to the advancement of today's society, this has resulted in court judgments to spread quickly and this results in such judgments to be open to criticism from academicians, the public, journalists and politicians.

Hence, he said, it was the responsibility of every judge to ensure their judgments are correct and do not deviate from existing law principles.

“A good criticism would give a positive perception on the judiciary while a negative criticism would result in society to view the bench in a bad light.

“Judges should not be afraid if criticisms come when their judgment is made based on law and justice. The barometer is your own conscience. If your conscience is clear than you have nothing to fear,” he said.

He urged judge to explain a legal issue and their decision clearly. He also urged the judiciary to keep close rapport with the media so that the public could get the right and correct exposure to a legal case.

“The best way to reach out to the public is through the media,” he said.