Why no judicial extensions for CJ, top judges, rights group asks

Summary

• Hakam raises concerns over the delay in granting judicial service extensions to Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, and Federal Court judge P Nallini.

• Hakam president M Ramachelvam questions why the trio have yet to be offered extensions despite their impending retirement.

• He also urges the government to make clear the criteria for offering tenure extensions.

The National Human Rights Society (Hakam) today expressed concern over the delay in granting judicial extensions to top judges.

They include Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, and Federal Court judge P Nallini.

In a statement, Hakam president M Ramachelvam questioned why the trio have yet to receive their service extension offers despite their impending retirement and that extensions were customarily granted to their predecessors.

Tengku Maimun and Abang Iskandar will turn 66 in July, while Nallini will reach that age in August.

Six-month judicial extensions were previously granted under Article 125(1) of the Federal Constitution to the Chief Judge of Sabah and Sarawak, Abdul Rahman Sebli; the Chief Judge of Malaya, Hasnah Mohammed Hashim, as well as Federal Court judges Harmindar Singh Dhaliwal, Zabariah Mohamad Yusof, and Hanipah Farikullah.

“There is an apparent selective approach to extending the tenures of senior judges in Malaysia’s Federal Court.

“This unequal and opaque application of Article 125(1) of the Federal Constitution raises serious questions about the government’s commitment to judicial independence and threatens the integrity of our nation’s justice system at a critical juncture.

“Malaysia’s judiciary stands at a pivotal moment, with approximately nine federal court judges set to retire this year. Within this unprecedented transition, the leadership of Tengku Maimun has been instrumental in restoring public confidence in our courts and upholding the rule of law,” Ramachelvam said.

Distinguished records

He added that as the nation’s first female chief justice, Tengku Maimun demonstrated unwavering commitment to judicial independence, presiding over landmark cases with impartiality and integrity while serving under four different prime ministers.

Ramachelvam said that Tengku Maimun has been pivotal in advocating for necessary judicial reforms, including reducing executive influence in judicial appointments.

“Under her guidance, there has been a notable elevation in the intellectual rigour and standing of the Malaysian judiciary, inspiring many observers to describe it as a judicial renaissance after the constitutional crisis of 1988.

“Abang Iskandar and Nallini have likewise distinguished themselves through their exceptional jurisprudence, independence, integrity, and steadfast commitment to constitutional principles.

“Hakam believes that the decision to extend or not extend the tenure of Federal Court judges must be guided by clear, consistent, and transparent criteria.

“The current situation raises troubling questions: why have extensions been granted to some Federal Court judges but not to the chief justice, president of the court of appeal, and Nallini?” he asked.

Hakam called on Putrajaya to extend the trio’s tenures and called for the establishment of clear, objective criteria for judicial extensions that prioritise merit, experience, and institutional stability over political considerations.

The NGO also demanded transparency in the decision-making process for judicial appointments and extensions.

“The stability of our judiciary, as well as public, business, and investor confidence in our legal system, depends on fair and equal treatment of our most senior judges.

“In this critical period of transition, Malaysia cannot afford to lose the institutional knowledge, experience, and principled leadership that these senior judges provide,” Ramachelvam added.

The Edge yesterday reported Tengku Maimun saying that she, Abang Iskandar, and Nallini have yet to receive retirement extension offers.

“Well, I don’t think I should answer that, but we will wait. It may be coming (the offer of extension), but we will wait, but as for now, (we haven’t) received anything yet,” she reportedly said.

Under Article 125(1) of the Federal Constitution, Federal Court judges serve until they turn 66, with a possible six-month extension approved by the Yang di-Pertuan Agong.

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