Palace Breaks Silence Warns Not To Politicise Top Judges Appointments

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As pressure intensifies for a Royal Commission of Inquiry (RCI) into the judiciary, Istana Negara has broken its silence on the appointment of top judges.
The palace cautioned all quarters against politicising the appointment of judges to the superior courts, emphasising that it is “an important matter of state and must be handled with care and integrity in accordance with the Federal Constitution”.
According to Article 122B of the Federal Constitution, the palace noted that the appointment of judges is made by the Yang di-Pertuan Agong on the advice of the prime minister, after consultation with the Conference of Rulers.
“This provision clearly reflects the principle of checks and balances within the country’s judicial system.
ADS“The Judicial Appointments Commission (JAC) Act 2009 (Act 695) is the legislation that outlines the process of selecting judicial candidates. However, the power to advise the Yang di-Pertuan Agong lies with the prime minister.
“Matters of appointment under the Federal Constitution must be handled lawfully so that the exercise of power by the Yang di-Pertuan Agong is not politicised by any party,” read the statement.
Calls for RCI
On Monday, nine PKR lawmakers - led by Rafizi Ramli - urged the formation of the RCI and for the Parliamentary Special Select Committee on institutional reforms to investigate alleged judicial interference.
They called for the RCI to probe claims that the government ignored the JAC recommendations before former chief justice Tengku Maimun Tuan Mat’s retirement, including nominations for chief justice and Court of Appeal president.
PKR lawmakers during a press conference on the judicial crisis last MondayThey also highlighted concerns that the JAC was summoned last Friday without the mandatory 10-day notice to propose new candidates.
Rafizi likened the allegations to the VK Lingam scandal, where a 2002 phone recording revealed efforts to influence judicial appointments.
The Attorney-General’s Chambers subsequently downplayed the concerns raised by the PKR lawmakers and described the comparison with the VK Lingam scandal as unwarranted.
Bar to deliver memorandum
Next Monday, the Malaysian Bar will be organising a “Walk to Safeguard Judicial Independence”
From the Palace of Justice to the Prime Minister’s Office in Putrajaya, to deliver a memorandum demanding immediate action to defend judicial independence.
Yesterday, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said the cabinet has discussed the vacancies in the chief justice and Court of Appeal president positions, reaffirming that the appointments will be carried out in compliance with the Federal Constitution.
ADSShe added that the government is fully aware of public concern surrounding the matter. - Mkini

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