Malaysia must uphold judicial independence

THE National Human Rights Society of Malaysia (Hakam, or Persatuan Kebangsaan Hak Asasi Manusia) expresses grave concern over recent developments that further undermine public confidence in the integrity and independence of the Malaysian Judiciary.

Following our earlier statement on the unequal and unexplained failure to extend the tenures of Chief Justice Tun Tengku Maimun Tuan Mat, Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, and Federal Court Judge Tan Sri Nallini Pathmanathan, which is a departure from established convention under Article 125(1) of the Federal Constitution, we are now alarmed by media reports suggesting possible interference in judicial appointments and allegations of misconduct involving a Federal Court judge.

These reports include serious allegations that a senior judge was questioned by the Judicial Appointments Commission (JAC) regarding possible improper conduct involving potential interference in judicial matters. If these allegations are accurate, they strike at the heart of the rule of law and raise urgent questions about structural accountability and integrity within our legal system.

Hakam affirms that:

 > Judicial independence is guaranteed by the Constitution and must be fully protected. Any interference, whether political or internal, in how judges are appointed, promoted, or carry out their duties threatens justice and democracy.

> The government’s decision not to extend the terms of three senior, respected judges should be viewed seriously, especially in light of recent allegations. The perception of retaliation or political orchestration cannot be allowed to take root in a constitutional democracy.

 > Transparency is urgently needed. We support calls by the Malaysian Bar for the disclosure of the minutes of the JAC meeting in question, and urge full public disclosure of any ongoing inquiries or proceedings relating to alleged judicial interference.

> Clear, fair, and objective criteria for judicial appointments and tenure extensions must be established. Lack of transparency can weaken public trust and harm the integrity of our justice system.

Hakam reiterates its previous call for the government to extend the tenures of Tengku Maimun, Abang Iskandar, and Nallini Pathmanathan. Their contributions to legal reform, constitutional fidelity, and public confidence in the judiciary cannot be overstated, especially in a period of judicial transition involving multiple retirements from the Federal Court.

In these uncertain times, Malaysia must choose the path of integrity and principle. We call upon all arms of government, particularly the Executive and the JAC, to act with courage, transparency, and fidelity to the Federal Constitution.

Hakam remains steadfast in its commitment to defending judicial independence and upholding the rule of law, without fear or favour.

DATUK SERI M. RAMACHELVAM

President

National Human Rights Society (Hakam)