Bar to submit memo calling for RCI, release of JAC minutes

Summary

• The Malaysian Bar will stage a walk on July 14 from the Palace of Justice to the Prime Minister’s Office to submit a memorandum calling for action on judicial independence.

• It contains four demands: filling top judicial vacancies, releasing minutes of a recent JAC meeting, forming an RCI, and addressing overall judicial vacancies.

• The Bar’s move comes amid growing concerns over alleged interference in judicial appointments and unresolved vacancies following the recent retirement of senior judges.

The Malaysian Bar plans to submit a memorandum with four demands on its walk for judicial independence on July 14.

In the Bar’s circular today, president Ezri Abdul Wahab said the demands included the following: for judicial leadership positions to be filled and the release of the minutes for a recent Judicial Appointments Commission (JAC) meeting.

The Bar also wants the formation of a Royal Commission of Inquiry (RCI) to probe judicial interference, and for judicial vacancies to be filled.

Ezri released details of the walk, which will see members of the Bar gather at the Palace of Justice at 2pm.

They will proceed on a 2,600m walk to the Prime Minister’s Office (PMO), where the memorandum will be handed over, he said.

“The Palace of Justice is not just a symbolic starting point; it is the very heart of our judicial system, from where justice is dispensed.

“The institution of the judiciary must be defended! Walking from the Palace of Justice to the PMO - a walk of some 2,600m straight - would demonstrate the commitment of the Bar to judicial independence and integrity,” he said.

Yesterday, Bar vice-president Anand Raj confirmed the walk to Malaysiakini.

RCI proposed

The move comes as nine PKR MPs demanded in a joint statement the formation of an RCI to investigate recent allegations linked to the functions of the JAC.

The JAC is responsible for recommending candidates for appointment or elevation to the superior courts – the Federal Court, the Court of Appeal, and the High Courts.

The group, led by the party’s former deputy president Rafizi Ramli, expressed concerns that a new judicial appointments scandal is shaping up based on allegations that the government did not act on the JAC’s proposed candidates, which had been submitted prior to now ex-chief justice Tengku Maimun Tuan Mat’s retirement.

They were also alarmed by claims that the JAC was summoned for an urgent meeting in violation of the 10-day notice rule to propose new candidates for the vacancies.

Another issue they were concerned about pertained to allegations that the JAC had previously questioned a Federal Court judge over claims of judicial interference.

This caused a furore to erupt, with various quarters backing the call for an RCI.

Members of the opposition also called for Prime Minister Anwar Ibrahim to take a temporary leave during the RCI probe.

On June 25, Ezri said the Bar will seek the necessary orders to obtain the minutes of the JAC meeting held on May 16, which was when the senior judge was allegedly questioned.

Later, an aide to the judge lodged a police report against Malaysiakini after the portal contacted the judge on the allegations.

Judicial vacuum

On July 1, the Bar issued a circular calling for an extraordinary general meeting (EGM) to discuss judicial vacancies, as tensions rose over the end of Tengku Maimun’s term, with no successor named.

Tengku Maimun served her last day in office on July 1 and retired the next day. Court of Appeal president Abang Iskandar Abang Hashim retired shortly after, on July 3.

The duo will be joined in the following months by Chief Judge of Malaya Hasnah Hashim, 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.

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