‘JUDICIARY NOT IMMUNE TO INTERFERENCE’
There’s overlap between judiciary and legislature, says expert
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.”