Malaysia

Be impartial, independent; decide without fear or favour, says chief justice

Bar Council praises Tun Tengku Maimun Tuan Mat for giving new judicial commissioners stern reminder of duty

Updated 5 years ago · Published on 03 Apr 2021 8:01PM

Be impartial, independent; decide without fear or favour, says chief justice
The foundation of law is the public’s trust in the judiciary, says Chief Justice Tun Tengku Maimun Tuan Mat, and justice should not bow to pressure from any quarter, be it internal or external. – Bernama pic, April 3, 2021

by Ian McIntyre

KUALA LUMPUR – The Bar Council has praised Chief Justice Tun Tengku Maimun Tuan Mat for her searing reminders that judges must be independent and make decisions on cases without fear or favour.

In a statement, the Bar Council commended Her Ladyship for the remarks, which were delivered recently during the induction ceremony of newly appointed judicial commissioners.

The bar also extended its congratulations to the five high court judges recently elevated to the Court of Appeal – Datuk Ghazali Cha, Datuk Ahmad Zaidi Ibrahim, Datuk Sri Mariana Yahya, Datuk See Mee Chun, and Datuk Hashim Hamzah.

“We also congratulate the nine recently appointed judicial commissioners – Amelati Parnell, Norliza Othman, Hasbullah Adam, Datuk Seri Shamsulbahri Ibrahim, Roslan Mat Noor, Julia Ibrahim, Datuk Mohd Arief Emran Arifin, Johan Lee Kien How @ Mohd Johan Lee, and Adlin Abdul Majid,” it said.

In her speech, Tengku Maimun emphasised that judges should remain independent and decide on cases without fear or favour as well as without pressure from any quarter, whether internal or external.

She reportedly said that the public’s trust and confidence in the judiciary to deliver justice is the foundation of law.

“You should remain independent and decide on cases without fear or favour and without pressure from any quarter, whether internal or external. And, you should always act with dignity and perform your duties to the highest standards to uphold and maintain the integrity of your office.

“You have to decide a matter before you impartially by giving all parties an opportunity to be heard and by treating them fairly.

“If you have personal knowledge of the disputed facts, connections to either of the parties or an interest in the outcome, you should refrain from determining that matter,” she said at the event.

Elaborating on this, council president A.G. Kalidas said: “Her Ladyship’s message of judicial independence and impartiality is both invigorating and heartening in these times of precarity.”

The doctrine of separation of powers is a cardinal requirement for a well-oiled democracy, he said.

“Our nation has not been spared from incursions. We are hopeful that the chief justice’s message induces an institutional reaction where necessary, and a reinforcement of our system of governmental checks and balances.

Kalidas also expressed his appreciation for the judiciary’s willingness to work with the bar on matters of mutual concern, and he hopes this collegial relationship will flourish for the well-being of the country and citizenry.

“We are pleased with the judicial commissioner appointments, too, and we also hope more members of the bar will be considered for judiciary in the future, as there are many highly capable individuals in our midst.

“We wish appointees the best and we are confident that they will contribute their utmost to serve the administration of justice.” – The Vibes, April 3, 2021

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