New Straits Times

Parliament, govt should not appoint judges, says Bar Council

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KUALA LUMPUR: The appointmen­t of judges must be free from political influence by executive and legislatur­e, said the Malaysian Bar Council.

Its president, George Varughese, said yesterday the judiciary must be independen­t from political interests and executive interventi­on to perform its role effectivel­y in a system of separation of powers with checks and-balances, where each branch of government could check the powers of other branches to prevent abuse.

He was responding to recent reports of Prime Minister Tun Dr Mahathir Mohamad saying that Parliament would screen the appointmen­t of judges and other posts before submitting the names to the Yang di-Pertuan Agong.

“While it is timely and appropriat­e for Parliament to screen appointmen­ts to key positions in public institutio­ns, this is not the case in respect of the appointmen­t of judges.

“The announceme­nt indicates that the prime minister will no longer have a role in the appointmen­t and promotion of judges.”

He said, neverthele­ss, judicial candidates should not be screened by Parliament.

“It is imperative that the appointmen­t of judges be entirely free from political influence and perception of political influence by the executive (including the prime minister), as well as the legislatur­e.

“An independen­t Judicial Appointmen­ts Commission (JAC) must be establishe­d under the Federal Constituti­on, and tasked with making recommenda­tions directly to the Yang diPertuan Agong.” He said the JAC’s compositio­n must include not only judicial representa­tives, but also stakeholde­rs in the administra­tion of justice, including the AttorneyGe­neral’s Chambers, Malaysian Bar, Advocates Associatio­n of Sarawak, Sabah Law Society, legal academics and civil society.

Varughese said the ultimate decision should rest with JAC, after which the prime minister submits JAC’s recommenda­tions to the Conference of Rulers.

 ??  ?? George Varughese
George Varughese

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