KUALA LUMPUR – Selangor ruler Sultan Sharafuddin Idris Shah has highlighted the importance of citizens respecting the independence of the nation’s judicial system, which is the backbone of the country’s democracy.
In a statement today, he said the judicial system’s dignity as an independent and authoritative justice administrator is enshrined in the federal constitution and backed by a meticulous selection process for judges.
“Citizens must take note of how judges for the Federal Court, Court of Appeal and high court are appointed by the Yang di-Pertuan Agong (Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah) on the advice of the prime minister and after discussions with the Conference of Rulers, in accordance with Article 122(B) of the federal constitution.”
The sultan added that prior to presenting his advice to the Agong, the prime minister would also have to consult the chief justice and obtain the recommendation from the Judicial Appointments Commission.
“The careful process of selecting a judge is different from other government institutions and illustrates how important the role of the judiciary body is in the country’s system of government.”
The sultan also concurred with the Agong’s earlier comment that royal pardons cannot be granted arbitrarily, adding that they must be carried out in accordance with laws and procedures provided under the constitution.
He also said judicial independence translates to judges viewing a case based solely on the facts and evidence – without fear or favour and free from any unwanted influence – thus contributing to a fair justice administration system.
“It is the responsibility of all parties to always maintain the good name of the nation’s judicial body so that it is not contaminated by any form of influence or pressure.”
He added that citizens should place their full trust in the judicial system and not make unfounded accusations without comprehending the facts and reasonings behind the judgement of a case.
“Any allegations of this sort will invite a negative perception of the judiciary’s independence… this will indirectly affect the nation’s status on an international level,” he said.
The sultan also took the opportunity to remind the country’s leaders to uphold the essence of judicial independence.
“The executive branch must always fully support the principle of judicial independence and avoid any attempt to influence the process of justice administered by the judiciary.”
Last Saturday, Chief Justice Tun Tengku Maimun Tuan Mat called on politicians to read and understand the courts’ grounds of judgement instead of drawing their own conclusions on judges’ decisions.
She was asked for her views on the attacks against the judiciary after the Federal Court’s decision on August 23, which upheld Datuk Seri Najib Razak’s 12-year prison sentence and RM210 million fine in the former prime minister’s SRC International Sdn Bhd case.
Tengku Maimun chaired the apex court’s five-person bench, which comprised Sabah and Sarawak Chief Judge Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd Diah.
The nation’s top judge, as well as her husband, became the target of threats on social media during the hearing of Najib’s final appeal last month, with the Malaysian Bar having since issued statements in support of the judiciary while police investigate the intimidation.
On August 29, Perak ruler Sultan Nazrin Muizzuddin Shah had reiterated the importance of unbiased and independent judges as they represent the nation’s judicial system. – The Vibes, September 12, 2022
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