New Straits Times

‘JUDICIARY NOT IMMUNE TO INTERFEREN­CE’

There’s overlap between judiciary and legislatur­e, says expert

- FAIRUZ OTHMAN AND BEATRICE NITA JAY cnews@nstp.com.my

EXPERTS believe that the events that prompted the setting up of a Royal Commission of Inquiry (RCI) into the judiciary have confirmed the possibilit­y that the institutio­n is not invulnerab­le to outside interferen­ce.

Universiti Tun Hussein Onn Malaysia nationhood and history expert Dr Mohd Akbal Abdullah said the case involved an issue that is difficult for people to understand, and there might be those who would digest the issue based on perception.

“Whatever the case may be, and even with the government’s decision to set up a RCI, it has shown that the judiciary is not invulnerab­le. It shows there is a discrepanc­y in (the process of) judicial deliberati­on,” he told the New Straits Times.

“If we look at the case, it would seem there was an overlap between two of the three highest institutio­ns in the country — the judiciary and the legislatur­e.

“This is dangerous as it affects the integrity of the judiciary.”

Akbal said the originatin­g summons in connection with alleged interferen­ce in the judiciary in one case involving the religious conversion of three Hindu children showed that there was a need to look into the jurisdicti­on of the civil and syariah courts.

“We are a multiracia­l society, and in certain cases, our laws may not be practical for certain segments of the community.

“If a case involves Muslims and conversion matters, it should only go through the syariah court and not the civil legal system,” he said, adding there should not be overlappin­g of syariah and civil laws.

Legal expert Nizam Bashir Abdul Kariem Bashir said the RCI was necessary.

“The allegation­s must be scrutinise­d and weighed against replies that may be made when the commission is set up,” he said.

He said the contents of the affidavit were cause for concern as the allegation­s included judges being told how to decide certain matters.

“As with any RCI, a number of proposals may be made for reform and the reforms may centre on ensuring that the judicial institutio­n is independen­t and continues to remain so.

“It would be good if the RCI is not given a narrow remit and if the inquiry is comprehens­ive, aiming at improving the judicial institutio­n as a whole.”

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