No interference in judicial matters as govt respects the Constitutional process, says PM


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PUTRAJAYA: Prime Minister Datuk Seri Anwar Ibrahim has stressed that he does not interfere in judicial matters, including the appointment of judges or court decisions.

He said all appointments and extensions of service, including for judges, must follow procedures as outlined in the Federal Constitution. 

"If one understands the Constitution, then the process is clear. There’s a commission, there’s the Prime Minister, and there’s the Yang di-Pertuan Agong," Bernama quoted him as saying during a gathering with Prime Minister's Department staff here on Monday (June 30).

"If you look at the recent appointments, the list of candidates is submitted to the Yang di-Pertuan Agong, and then brought to the Conference of Rulers for discussion.

"These procedures must be followed."

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Anwar also emphasised that any appointment or extension of tenure influenced by certain groups would tarnish the integrity of the judiciary.

He said the issue of appointments or extending the tenure of civil servants, including judges, should not be made into political fodder or evaluated according to the sentiments of certain groups.

The Prime Minister said in such a political climate, the decision of whether or not to extend an individual's service was used to gauge loyalty by some quarters.

He added that there should not be any campaigning or political pressure on the process of appointing civil servants, including in the judicial institution.

"If a (high-ranking) civil servant campaigns for an extension and (if their service) is not continued, it's called a betrayal by one side. If their term is extended, (another group) will also call it a betrayal," he added.

The same applied to certain high-profile cases, he said, as quoted by Sinar Harian.

"When a case is pursued, it's called treason. If another case is not pursued, it's also called treason. When you're in this position, as Prime Minister ... well, I can only accept it and be patient," he said.

He also stressed his stance not to interfere in judicial matters and only communicate officially with the Chief Justice.

"That is why I avoid meeting any senior judge, except the Chief Justice.

"I would like to thank you for the ... discussions that have been good. The interpretation outside of that is another matter. But for me, in all those meetings, I have never interfered in judicial issues.

"What (a judge) wants to decide, that's their decision. I never interfered. But even that has been politicised," he said.

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Anwar pointed out two high-profile cases recently involving former prime minister Datuk Seri Najib Razak and Muar MP Syed Saddiq Syed Abdul Rahman.

Najib was given a discharge not amounting to an acquittal by the Kuala Lumpur High Court in the RM27mil SRC International Sdn Bhd money laundering case.

Syed Saddiq, meanwhile, was discharged and acquitted of four charges including criminal breach of trust involving Bersatu Youth wing funds by the Court of Appeal.

"If Najib gets a DNAA, the Prime Minister is accused of interference and treason. Wrong. He should be given a DNAA by law.

"Then on the other hand, Syed Saddiq recently (was discharged). And from one side's point of view, it's also wrong.

"I said, it's none of my business. My stance is not an issue. We have to respect the judges' decision," he said.

He also touched on his experience of facing an investigation and trial that did not follow fair procedures.

"I know. I've been hit before. It's already over, not even charged, not even a police report, arrest first. There's no building (a case) either.

"If someone followed my case before, there was no police report – again, arrest first. So, we can't repeat that mistake," he said.

He called on all parties to defend the judicial institution and public service without being influenced by political sentiments or the interests of certain groups.

"We have to defend it, but not by following political or group tastes. In one case, there is an elite group of lawyers who agree. There are also Islamic bodies that oppose it.

"I'm not affected by that. This elite group can draw (attention) so well using the media. But it shouldn't influence us," he said.

He explained that the government respects all views but remains guided by the process and principles of the law.

Earlier, the media reported that Chief Justice Tun Tengku Maimun Tuan Mat is retiring on Wednesday (July 2), but questions remain over whether or not her term will be extended.

She will turn 66, the mandatory retirement age for judges, and her last day of service is Tuesday (July 1).

 

 

 

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