Rule of law applied without fear or favour

IN her welcoming address at the 14th Asean Law Association General Assembly 2023 and Asean Law Conference in Kuala Lumpur on Oct 19, Chief Justice Tun Tengku Maimun Tuan Mat said: “As the head of the Malaysian judiciary, I can assure you that the judiciary, through the principles of rule of law espoused by the Asean collaboration, will continue to perform its functions without fear or favour as well as without bias for any particular party”, “CJ assures impartiality in judiciary’s duties” (The Star, Oct 20).

That is reassuring indeed. But we need not rely on the above statement alone because in the case of Sundra Rajoo a/l Nadarajah v Menteri Luar Negeri, Malaysia & Ors (2021), the Federal Court had answered in the affirmative that the much criticised discretion of the Attorney-General (AG) under Article 145(3) of the Federal Constitution is amenable to judicial review in appropriate circumstances.