KLANG: Selangor Ruler Sultan Sharafuddin Idris Shah has called upon the people to always respect the rule of law and the Judiciary’s independence.
He said both were the principle and axis of the constitutional monarchy system practised under the nation’s democratic governance.
“The Federal Constitution has placed the dignity of the judicial institution at a high level as an independent and authoritative body.
“The Judiciary is the last buffer that must be defended to ensure the administration of justice is carried out effectively,’’ said the Ruler.
The Sultan said judicial independence was a definition of judges handling a case by interpreting the law based on facts and evidence and without any fear or favour and free from unwanted interference.
He added that judges took an oath to practise equality as well as to preserve, protect and defend the Constitution while being free from any internal and external pressure.
The Federal Constitution, added Sultan Sharafuddin, clearly stated that all citizens were equal before the law - meaning that people, regardless of their status, position, race and descent were subject and accountable to the same law.
The Sultan added every citizen expected justice, equality and transparency from the Judiciary in regard to cases that were being heard.
“Hence, it is the responsibility of all parties to preserve the Judiciary’s reputation in order to prevent it from being tainted by any influence or pressure.
“I would like to remind the Executive to always uphold the principle of judicial independence and refrain from any attempts to influence the Judiciary’s justice administration process,’’ said the Ruler.
Sultan Sharafuddin said that ensuring the Judiciary’s independence required support, understanding and commitment, especially from the Executive.
The Ruler called upon everyone to collectively take measures to defend and guarantee judicial independence for the sake of the nation’s well-being.
Sultan Sharafuddin said the people have to put their faith fully in the nation’s judiciary system and not level any baseless allegations without knowing the facts and reasons related to the judgement of cases.
“Baseless allegations will invite negative perception towards the independence of the judiciary and will erode the people’s confidence and trust in the nation’s justice administration system.
“This will also indirectly tarnish the nation’s reputation at the international level,’’ said Sultan Sharafuddin.
The Ruler said the people have to be aware that the Federal, Appeal and High Court judges were appointed by the King upon advice received from the Prime Minister after consultation with the Conference of Rulers as stipulated in Article 122B of the Federal Constitution.
As a matter of fact, added Sultan Sharafuddin, the Prime Minister would first confer with the Chief Justice and obtain the recommendation of the Judicial Appointments Commission before advising the King on the appointment of judges.
The judicial appointment process, which was carefully carried out, explained the Ruler, shows that the Judiciary was different from other government institutions and depicted the Judiciary’s importance in the nation’s administrative system.
Sultan Sharafuddin said he was also in support of the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah’s speech on Sept 5 on prerogative powers related to royal pardons which cannot be practised arbitrarily just for the benefit of certain quarters.
“The people will have to understand that the pardoning process has to be implemented in line with the laws and procedure provided under the Constitution and laws related to it,’’ said Sultan Sharafuddin.
Below is His Majesty's statement in full:
