Malaysian Bar Raises Concern Over Uncertainty In Senior Judges Tenure Extension

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Malaysian Bar vice-president Anand Raj said such extensions are not ceremonial but crucial, as they allow senior judges to complete their judicial work, including concluding cases pending before them and finalising the writing of their judgments. Pic by STR/ AZIAH AZMEEKUALA LUMPUR: The Malaysian Bar has expressed concern over the uncertainty surrounding the extension of tenure for the nation's three senior judges - Chief Justice Tun Tengku Maimun Tuan Mat, Court of Appeal president Tan Sri Abang Iskandar Abang Hashim, and Federal Court judge Tan Sri Datuk Nallini Pathmanathan.
Its vice-president Anand Raj said this comes amid reports that six-month extensions have been granted to five other apex court judges.
"While the maximum extension permissible is six months and is a matter of discretion, it is not a reward. It is a responsibility to continue working for the benefit of the nation and the cause of justice.
"It is unusual for the Chief Justice, president of the Court of Appeal, or a senior Federal Court judge not to be granted a six-month extension," he said in a statement today.
Anand said such extensions are not ceremonial but crucial, as they allow senior judges to complete their judicial work, including concluding cases pending before them and finalising the writing of their judgments.
"These three judges exemplify the critical qualities essential for appellate and apex court positions, unwavering judicial independence and integrity, upholding the rule of law without fear or favour, administrative competence, public credibility, and a deep commitment to constitutional principles and human rights.
"The Malaysian Bar maintains that all future judicial and Judicial Appointments Commission (JAC) appointees should embody these attributes, while also taking into consideration seniority and diversity, including gender and ethnic representation."
He said that a judiciary operating at less than full strength, particularly at the appellate level, risks erosion of judicial efficiency, accumulation of case backlogs, and delays in the dispensation of justice. If left unchecked, this could lead to a denial of justice itself.
According to the JAC, there are currently 29 vacancies across the Federal Court, Court of Appeal and High Court, with more expected due to upcoming retirements.
"Coupled with the fact that six Federal Court judges are projected to retire by the end of this year, of whom, even if three are extended, all six would still retire by January and February 2026, the judiciary faces an impending leadership vacuum, as all four key office bearers fall within this category.
"Delays in appointments, promotions and extensions are no longer tenable and must be addressed post-haste," he added.
Anand also cautioned that selective extensions could create negative public perception, particularly when they involve the most senior judges in the Federal Court.
"Any perceived erosion of our constitutional infrastructure may not only undermine the rule of law but also affect the country's commercial and economic attractiveness for investment and business," said Anand.
In a call to action, the Malaysian Bar urged the JAC and all relevant decision-makers to ensure that all appointments, extensions, promotions, and the process of identifying and recommending incoming office bearers of the judiciary, reflect the highest standards of transparency, integrity, objectivity and fidelity to the Federal Constitution.
"These high judicial offices demand character, integrity, credibility, and an unwavering commitment to justice. Malaysia deserves no less," he said. - NST

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