‘Judiciary moving backwards’


  • Nation
  • Tuesday, 22 Dec 2015

KUALA LUMPUR: Judges should have a change of mindset, especially in dealing with cases related to fundamental rights, Datuk Mohd Hishamudin Mohd Yunus said.

The retired Court of Appeal judge said the judgment of several cases recently showed that the judiciary was “moving backwards”.

“The future of the judiciary does not look good,” he said in a report by Sin Chew Daily while speaking at a recent forum organised by the Bar Council here.

One of the cases which he singled out was that of Universiti Malaya law lecturer Assoc Prof Dr Azmi Sharom, who was charged with making seditious comments concerning the 2009 Perak constitutional crisis.

He spoke on a host of issues including the need for the judiciary to be “fearless and independent” so that judges would be respected by the public.

Mohd Hishamudin, who is a member of the G25 pro-moderation movement, had also called upon moderate Malays, Muslims and Malaysians to voice out against various forms of extremism in the country.

Another retired Court of Appeal judge, Mohamad Ariff Md Yusof, said that based on his experience, the judgment of very few cases contradicted with the Govern­ment’s stand.

“In fact, it is not a bad thing when the judgment seems to go against the Government,” he said, adding that the judiciary comprised a group of independent judges who should discharge their duties based on the rule of law.

“We should not throw out cases easily when it involves the Constitution,” he said.

Mohamad Ariff said the public had every right to criticise judges and their judgments.

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