Justice Be Served

Dear Allah, the Most Merciful, bestow upon us excellent leaders to guide to your Blessings

Newly-appointed Chief Justice Zaki Azmi has pledged to act against a “small” number of judges who have failed to perform their duties. - Malaysiakini

I wonder how will the new CJ fulfill his tasks and vows when it comes to his beloved party? Will he be able to be non partisan and transparent in dealing with matters concerning his party and his fellow members? Has he resigned from the party after he's elevated as the Court of Appeal President? All these things are only the tip of the huge iceberg surrounding his Lordship elevation to the highest hierarchy of the nation's judiciary system.

How and what is his criteria of failed judges? Are they those who fail to tow the line according to the pleasure and whims of the government of which the backbone is his 'former' party? What will happen to for instance Datuk Ian Chin? I am not saying that he's unable to deliver or function effectively as a Chief Justice but the circumstances surrounding and leading to his elevation raises some unavoidable and important questions which are necessary to be dealt with immediately as what PAS Youth Chief tried to raise in the Parliament weeks ago.

Justice and especially transparency must not only be done but it must be seen and feel by the public at large. The government's decision to suggest and gradually elevate him initially as the CA President should be done carefully though nobody including the Opposition question his acumen, ability and qualification as a legal hawk (if he deserves it) but his close ties with the ruling coalition particularly UMNO is something many cannot accept since there are many inside the legal fraternity who are better or at least at par with him. Why the controversy while at the same time UMNO leaders are bent at revitalising and rebuilding their party? Why don't they elect someone who is non partisan but effective CJ?

How can they even imagine to rebuild and clean the Judiciary image with such irresponsible act? Are they paying mere lip service to the integrity of the judiciary which is seen as the last bastion against injustice? Nobody will argue that our judiciary has been on the decline after Tun Salleh is sacked unceremoniously as the Lord President in 1988, even the current leadership admit it so therefore it is mind boggling when they opt to elect a person like him.

There sayings that other personnel and figures from the Opposition have been elected as judges, though sincerely I do not know or aware of such instances but for sure nobody I repeat nobody who even remotely related to the Opposition has been elevated to the highest post in our Judiciary system. In fact many of those who are involved in DSAI Saga Episode 1 have been promoted to higher jobs. Again I am not saying that they are not qualified legally but based on circumstances their promotions are questionable.

In criminal law, circumstantial evidences are as important as facts therefore I humbly think that my repetition of circumstances in the election of those figures to higher posts are justified. The current Prime Minister's wish to rid the judiciary from controversies is contradicted with his choice of Chief Justice. Our current judiciary hierarchy does not lack of qualified members to shoulder the burden of being the head of the judiciary like The Honourable Dato' Mohd. Hishamudin bin Haji Mohd. Yunus and The Honourable Dato' Gopal Sri Ram. They may be juniors in rank but there's no argument that they are at par or even better than the new CJ.

Now, his Lordship is put in a bewildering and confusing state by the government vis a vis his ties with the biggest Malay-based party. If he decides in favour of the party not withstanding the facts and the law he'll be accused as being bias whereas when he decides against them, loyalists will hurl accusation that he's being ungrateful. What? There's a way out you say? Recuse and excuse himself whenever his former employee is involved, well, that the easy way but what kind of CJ and Head of Judiciary is that? Indeed, he's in a very unenviable position right now up until his retirement.

I wonder what his subordinates will feel and see of him for sure some may not have the level of respect and admiration a Head of an organisation should and rightfully enjoy. He'll be seen as the favoured son and he's there because of his cordial relation and good ties with the government. In the end, he cannot effectively disperse his duties even though he's actually striving at it. I am afraid then history will repeat itself and he'll go not as one who has improve the Judiciary but among the statistics that are responsible of tarnishing the already tarnished image of the Judiciary.

The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, and both should be checks upon that.

John Adams: 1776