'Defend judiciary' urges PM to seek tribunal on top judge allegations

Summary

• The Defend the Judiciary Secretariat has asked if the PM will advise the king to establish a tribunal on allegations involving a top judge.

• The secretariat notes that Anwar has consistently portrayed himself as a staunch advocate of the rule of law.

The Defend the Judiciary Secretariat has asked if Prime Minister Anwar Ibrahim will advise the Yang di-Pertuan Agong to establish a tribunal under Article 125(3) of the Federal Constitution to investigate a top judge’s conduct.

Without naming anyone, the secretariat noted that the individual, who has been accused of judicial interference, was fast-tracked to the apex court by the prime minister himself.

Article 125(3) outlines the process for removing a judge from office. It states that the Yang di-Pertuan Agong shall appoint a tribunal to investigate a judge’s conduct upon a representation made by the prime minister and chief justice.

“The public takes seriously the grave allegations involving a Federal Court judge, as revealed in a police report purportedly lodged on his own instruction,” the secretariat said in a statement signed by Pejuang information chief Rafique Rashid and Malaysian Advancement Party (MAP) chairperson P Waythamoorthy today.

“If these allegations are proven true, they constitute serious judicial misconduct and may even amount to a criminal offence under the Penal Code, as they indicate an attempt to subvert justice and interfere with the independence of the judiciary.

“The potential implications of these allegations are severe and cannot be taken lightly,” it added.

The secretariat, formed after a roundtable chaired by Dr Mahathir Mohamad last month, said Anwar has consistently portrayed himself as a reformist and staunch advocate of the rule of law.

“The question now is: Will he act according to the principles he so often proclaims, or will he remain silent in order to protect his chosen appointee to the Federal Court?” it asked.

Call to recuse

Previously, the secretariat had called on the Federal Court judge to recuse himself after the police report was leaked.

The police report, lodged by the judge’s aide at his request, concerned queries from Malaysiakini regarding events at a Judicial Appointments Commission (JAC) meeting in May.

Following the report, Bukit Aman’s classified crimes unit recorded statements from two Malaysiakini editors.

The Bar, which also voiced deep concern over the allegations, said it would seek the necessary orders to obtain the minutes of the JAC meeting.

Delay in filling critical vacancies

The secretariat further highlighted the delay in filling critical vacancies in the Federal Court and the Court of Appeal, despite pressing judicial needs.

The call comes amid a looming wave of retirements, with nine out of 14 top judges slated for mandatory retirement this year.

Heading the list was Tengku Maimun Tuan Mat, who served her final day as chief justice yesterday, despite widespread calls for her tenure to be extended.

“In a nation aspiring toward institutional integrity and democratic maturity, the people demand - and are entitled to - clarity and swift action.

“PMX must now decide whether he will live up to the reform and transparency standards he has long demanded of others - or fail to do so at the most critical moment,” read the statement.

Judicial independence ‘expendable’

Malaysian Indian People’s Party (MIPP) deputy president S Subramaniam said the prime minister’s delay in naming Tengku Maimun’s successor amounts to him abandoning his constitutional duties.

“The refusal or failure to announce a succession plan in a timely and transparent manner denies the incoming leadership the time and preparation required to take on a role of immense national consequence.

“Such neglect by the prime minister - who enjoys his position only with the support of parties that claim to uphold reform and good governance - sends a chilling message: that judicial independence is expendable when it stands in the way of political convenience,” Subramaniam said in a statement today.

He also claimed that the delays raise serious questions on whether political interference is being exercised to engineer a “more compliant” judiciary.

“We remind the prime minister that the Federal Constitution vests in him the responsibility - in consultation with the Conference of Rulers - to ensure that judicial appointments are made promptly, judiciously, and in the national interest - not delayed for backroom political calculation.”

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