MPs urged to debate judicial appointments issue

Summary

• The Defend the Judiciary Secretariat urges opposition leader Hamzah Zainudin to table an emergency motion in the Dewan Rakyat to debate judicial appointments.

• The secretariat raises concerns about purported judicial interference and the implications of a police report lodged by an aide to a federal court judge, warning it is “very worrying and requires urgent scrutiny.”

Legislators have been urged to debate the issue of judicial appointments, amid questions raised following the mandatory retirements of the Chief Justice Tengku Maimun Tuan Mat and Court of Appeal president Abang Iskandar Abang Hashim this week.

Pejuang information chief Rafique Rashid and Hindu Rights Action Force (Hindraf) Action Committee chairperson P Waythamoorthy - on behalf of the Defend the Judiciary Secretariat - called on opposition leader Hamzah Zainudin to table an emergency motion in the Dewan Rakyat.

In making their call, the secretariat echoed concerns of purported judicial interference and the implications of a police report lodged by an aide to a Federal Court judge, warning that it is “very worrying and requires urgent scrutiny.”

“This is not just an accusation, but a serious concern that needs to be addressed. These allegations may also trigger Article 125(3) of the Federal Constitution, which allows for the formation of a tribunal.

“The legal researcher’s report contains implicit admissions and no denial from the former attorney-general regarding the allegations.

“The judge’s response was not to deny the allegations, but instead to request a police investigation into the leak of information, raising concerns that this could be an attempt to cover up the real issue,” the secretariat said.

PM’s role in question

Further, the secretariat also raised concerns over Prime Minister Anwar Ibrahim’s role in advising the Yang di-Pertuan Agong on judicial appointments, as provided under Article 122B of the Federal Constitution.

“At the same time, Anwar is facing legal proceedings, including a civil suit over alleged sexual harassment by his former aide, Yusoff Rawther.

“The constitutional issue referred by the prime minister to the Federal Court for personal immunity makes his (advisory) role a matter of serious concern,” they said.

The secretariat raised concerns over credible reports that certain judicial appointments, such as the appointment of former attorney-general Ahmad Terrirudin Salleh to a key judicial position, were made even though his name was never recommended by the Judicial Appointments Commission.

“This creates the perception that his appointment to the Federal Court was based on the prime minister’s personal choice,” they said.

The secretariat today proposed the appointment of additional judges under Article 122(1A) to handle cases involving the prime minister.

“Additionally, we request that the Conference of Rulers defer new appointments until cases involving the prime minister are concluded, and initiate proceedings under Article 127 to discuss the conduct of the judge involved,” it said.

The secretariat was formed following a roundtable session chaired by former prime minister Dr Mahathir Mohamad last month.

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