COUNCIL of Eminent Persons chairman Daim Zainuddin has overstepped his boundary in summoning judges, lawyers said today.

Surendra Ananth, the co-chair of the Malaysian Bar constitutional law committee, said only Prime Minister Dr Mahathir Mohamad has the power to meet judges but even then he cannot interfere with judicial proceedings.

“I would think even the prime minister shouldn’t be interfering in any judicial matter. Unfortunately, under the constitution the prime minister triggers the removal process for federal court.

“But besides the prime minister, no one else should be meeting or approaching the federal court judges on the issue of them resigning,” he told The Malaysian Insight.

Surendra added if this occurs, the Malaysian judiciary would no longer be viewed as impartial.

“Such pressure amounts to an interference with judicial affairs and does not sit well with the independence of the judiciary,” he said.

Daim allegedly summoned Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin to a private meeting, where he demanded that they resign.

Meanwhile, Bukit Gelugor MP Ramkarpal said Daim should not be involved in matters like dismissing judges as it was against the law.

“Such an action by Daim, if true, cannot be condoned and I am in agreement with Sri Ram that Daim ought not interfere in such matters as he has absolutely no standing to do so,” he said in a statement today.

The DAP lawyer also repeated that the independence of the judiciary will be severely undermined due to Daim’s intervention.

“The perception that there might be meddling (particularly from parties seen to be close to the government) in the appointment or removal of the Chief Justice and the Court of Appeal president must be avoided at all costs and Daim should know better than to get involved,” Ramkarpal said.

Former Federal Court judge Gopal Sri Ram said it was unconstitutional and inappropriate for someone other than the prime minister to summon the chief justice, or any other judge, for any reason at all.

The retired judge called on the Pakatan Harapan government to respect constitutional procedures and not to repeat past practices that disregarded separation of powers.

Gopal said it was an open secret that Daim had summoned the chief justice and the Court of Appeal president to his private office on Jalan Ampang and demanded their resignations.

Gopal did not say when the meeting took place.

He also said the two judges should not have attended to the summon in the first place. – June 10, 2018.