Not extending CJ's term only deepens concerns for judiciary: Rafizi to PM

Summary

• Rafizi warns that not extending Tengku Maimun’s tenure as chief justice risks deepening concerns that a recent appointment to the Federal Court will undermine the judiciary.

• He says the concerns are worsened by double standards like MACC chief Azam having his tenure extended three times.

Former PKR deputy president Rafizi Ramli warned Prime Minister Anwar Ibrahim not to brush off concerns that Tengku Maimun Tuan Mat won’t have another six months as chief justice as mere politicking.

On the contrary, he said not extending Tengku Maimun’s tenure will only deepen concerns that judicial independence may be undermined by a judge recently appointed to the Federal Court.

In a statement today, Rafizi noted that besides the chief justice, six other senior judges will also be retiring within the next six months, leaving four key posts in the judiciary, including the presidency of the Court of Appeal and chief judges of Malaya and Sabah and Sarawak, vacant.

“With more than half of the senior judges gone, there arises the question, is the direct appointment (of a judge to the Federal Court) part of plans to bypass the seniority of sitting judges and change the leadership of the judiciary for the next eight years, considering (the appointed judge) will only be hitting mandatory retirement in 2033?” he said.

While Rafizi did not name names, he is believed to be referring to Ahmad Terrirudin Salleh, who was appointed as a Federal Court judge last November, the day after he retired as attorney-general.

There has been speculation since before Terrirudin’s appointment as a judge that there are plans to elevate him to the chief judge of Malaya post, which is the third-highest in the judiciary.

The current Chief Judge of Malaya, Hasnah Hashim, is set to retire on Nov 14. She had received a six-month tenure extension in March.

‘What about others?’

Rafizi said the concerns about the judiciary were only deepened by perceived double standards in other appointments.

“When MACC chief Azam Baki’s term was extended three times (past retirement), and Deputy Inspector-General of Police Ayob Khan Mydin Pitchay was not made the new inspector-general of police, of course, the speculation will intensify,” he said.

Besides the issues cited by Rafizi, there is also the recent scandal over an allegation that a senior judge was questioned by the Judicial Appointments Commission (JAC) regarding possible interference in judicial affairs.

Tengku Maimun is set to have her last day in office tomorrow and retire on Wednesday unless her term is extended by six months as allowed by the Federal Constitution.

However, Anwar dismissed calls for her term to be extended as attempts to politicise the judiciary.

Besides Tengku Maimun, Court of Appeal president Abang Iskandar Abang Hashim is also due to retire on Thursday.

They will be joined in the following months by Hasnah, Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, and Federal Court judges Nallini Pathmanathan, Zabariah Yusof, and Hanipah Farikullah.

Rahman, Zabariah, and Hanipah have already had their terms extended by six months.

‘It’s only reasonable’

Commenting on this, Rafizi said it is only reasonable to extend the terms of Tengku Maimun and Abang Iskandar as was granted to the other retiring judges.

“This is not political, or attempting to politicise the appointment of judges. 

“This is a reasonable matter taking into account the current situation, where the retirement of more than half of the Federal Court will slow down court cases,” he said.

The Pandan MP ended his statement by urging PKR and Pakatan Harapan, of which Anwar is the president and chairperson, respectively, to uphold their ideals in defending judicial independence or risk having the public turn on them.

“It would be very unfortunate if one day, PKR and Harapan are accused of weakening judicial independence, thus creating a new group of youths who are determined to fight PKR and Harapan,” he said.

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