Step up or step down, CJ warns judges who delay grounds of judgment


KUALA LUMPUR: The Chief Justice has issued a stern warning to judges who delay their grounds of judgment - step up or step down.

Datuk Seri Wan Ahmad Farid Wan Salleh said, in his speech, that he was aware of the increasing number of unwritten grounds of judgment at the High Courts.

"The former Lord President, Tun Mohamed Suffian Hashim once remarked that a judge’s duty is to dispense justice without fear or favour.

"I would add that we must also dispense it without 'undue delay'. A judge who carries a backlog of 10 or more outstanding grounds of judgment is carrying a heavy burden — not just for the system, but on their own conscience. You know who you are," he said at the Opening of the Legal Year 2006 here on Monday (Jan 12).

Wan Ahmad Farid said writing judgments was part and parcel of a judge's craft and the judges' duty to give reasons for their decisions.

This was to ensure parties, especially those who were dissatisfied with the outcome, were able to understand why they won or lost their case and were able to exercise their right to appeal whenever appropriate.

"I understand and I listen to the frustration of litigants who may wish to file an appeal, only to discover that the decision was delivered long ago but the written judgments are often not ready within the stipulated timeframe of eight weeks," he said.

Despite his strong words, Wan Ahmad Farid assured that the judiciary would be helping judges struggling to write their decisions instead of penalising them.

"We will do everything in our power to assist those who are struggling. But we must be honest: there is a limit to assistance. The bench is a place for those who can stand the heat of the fire," he said.

As the Chief Justice, Wan Ahmad Farid said he must be fair to the litigants as well as the Court of Appeal judges who cannot proceed with the appeal due to the unavailability of the grounds of the High Courts decisions.

"For the sake of the public who await our decisions, we cannot allow the machinery of justice to be clogged.

"To put it bluntly and I rarely say this: the kitchen is open, but the service must be timely. If the heat is no longer to your liking, the exit remains a dignified option," he added.

 

 

 

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Chief Justice , Legal Year , Judgment , Grounds , Delay , Warning

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