Interfaith council queries Anwar over non-extension of judges' tenure

Summary

• The MCCBCHST has questioned Prime Minister Anwar Ibrahim on why the tenures of three top judges were not extended.

• The interfaith council stresses that the PM is responsible for referring such extensions to the Yang di-Pertuan Agong.

• Hakam also expresses disappointment over the government’s decision not to extend the three judges’ tenures, raising concerns about judicial independence.

An interfaith group has questioned whether Prime Minister Anwar Ibrahim had referred the tenure extensions of three top judges to the Yang di-Pertuan Agong, as stipulated under Article 125 of the Federal Constitution.

In a statement, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) cited Anwar’s recent remarks that procedures must be followed when judges reach retirement age.

However, the organisation pointed out that the Judicial Appointments Commission, as cited by the prime minister, does not have a role in extending a judge’s tenure.

“It is the prime minister who must refer the extensions of service to the Yang di-Pertuan Agong,” said MCCBCHST, adding that questions remain over whether Anwar submitted the names of former chief justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, and Federal Court judge Nallini Pathmanathan for the six-month extensions usually granted to retiring judges.

The council stressed that it is insufficient for the prime minister to merely outline the procedure without disclosing whether the extensions were sought and what decision the Agong made.

MCCBCHST further appealed for an explanation on why the usual tenure extensions were not granted to the three judges, stating that clarifying the facts is crucial to dispel rumours and misconceptions.

“With the retirements of Tengku Maimun and Abang Iskandar, Malaysia marks the close of an extraordinary era in its judicial history,” MCCBCHST said.

Yesterday, the chief registrar of the Federal Court named Chief Judge of Malaya Hasnah Hashim as acting chief justice, who earlier today appointed Federal Court judge Zabariah Yusof as acting Court of Appeal president.

‘Probe alleged misconduct by senior judge’

The group also threw its support behind calls for a tribunal to investigate a senior judge accused of interfering in the appointment of judicial officers.

According to reports, the JAC summoned the judge in May to answer allegations of interference dating back to last year, and a subsequent police report was filed by the judge’s subordinate regarding the alleged leak of the inquiry.

“These allegations are very serious and, if proven, amount to judicial misconduct,” the council said, noting that Section 34 of the JAC Act provides for fines or imprisonment for anyone found guilty of influencing the commission.

It urged the prime minister to advise the Yang di-Pertuan Agong to establish a tribunal under Article 125(3) and (4) of the Federal Constitution to investigate the allegations, stressing that prompt action is needed to protect public confidence in the judiciary.

Separately, the National Human Rights Society (Hakam) expressed disappointment over the government’s decision not to extend the tenures of Tengku Maimun and Abang Iskandar, despite granting customary extensions to other Federal Court judges.

In a statement, Hakam president M Ramachelvam said the selective and unexplained treatment raises “troubling questions” about the government’s commitment to judicial independence and undermines the principles enshrined in Article 125(1) of the Federal Constitution.

“This unequal approach sets a dangerous precedent that threatens public trust in the integrity and impartiality of Malaysia’s courts,” he said.

Overall, Hakam demanded transparency and objective criteria for judicial appointments, as well as for Tengku Maimun and Abang Iskandar’s contributions to be honoured, to restore public confidence in the courts.

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