THE Office of the Chief Justice’s attempt to censor the Malaysian Bar president’s speech at the opening of the legal year represents an “assault” on the independence of the Bar, says George Varughese.

Varughese said as one of three persons traditionally called upon to deliver a speech at the opening of the new legal year,  he held firm to the right to speak without being censored. 

“Never before had the Office of the Chief Justice sought to impose any restrictions in respect of the contents of the speech of the president of the Bar,” Varughese said in a statement today.

“On this occasion, however, the unprecedented attempt to interfere in the president’s speech was nothing less than an assault on the independence of the Malaysian Bar.  

“This is wholly unacceptable,” he said. 

Chief Justice Raus Sharif was the sole speaker at the annual event in Putrajaya today after he rescinded the invitation for Varughese and Attorney-General Mohamed Apandi Ali to speak.

Raus told reporters today that he was heading off a critical speech by Varughese, who had intended to talk about Raus’ controversial appointment to the top judicial post. 

Raus said it was “improper” that the event was used as the platform to air the Bar’s grievances, adding that it would also be “awkward” for the AG as the case of Raus’ appointment was being heard in court.

The Bar boycotted today’s proceedings and yesterday night held an event on its own to mark the opening of the new legal year.

Varughese today said the Office of the Chief Justice had indicated to  him that he should not mention in his speech the appointments of Raus and the Court of Appeal president Zulkefli Ahmad Makinudin as additional Judges. 

Varughese said he could not comply with the Office’s request.

“The unconstitutional and unprecedented manner in which the appointments were made is of such great significance and consequence that deliberately omitting to address it in a speech that would provide an overview of a whole range of issues relating to the rule of law, was not an option,” he said. 

Although the Bar’s legal challenge to Raus and Zulkefli’s appointments is pending in court, Varughese said that did not preclude him speaking  in his capacity as Bar president about the appointments without getting into the merits of the case.

Varughese said upon his refusal to omit the subject from his speech, the organisers had changed the event format to exclude the  customary speeches of the Bar president and the AG

“As a result, the Bar Council — as the governing body of the Malaysian Bar — had, as a matter of principle, no alternative but to respectfully decline the invitation to attend the opening ceremony of legal year 2018.  At no time was the invitation to the president of the Bar withdrawn,” Varughese said. 

The Bar president traditionally uses the occasion to reflect upon and highlight significant legal and judicial developments in the preceding year and to speak about the aspirations of the Bar in the year ahead.

Varughese said the Bar hoped the Office of the Chief Justice would revert to the customary ceremonial proceedings for future opening ceremonies, where the roles of the Bar and the AG’s Chambers are “acknowledged both in principle and in spoken word” as equal partners with the judiciary in the administration of justice.

The Bar filed a originating summons on October 10 at the Kuala Lumpur High Court seeking to declare Raus and Zulkefli’s appointments are void and unconstitutional.

It is also seeking a court order for the removal of Raus and Zulkefli from office, on grounds that the two men had exceeded the age limit of 66 years and 6 months prescribed in the federal constitution. – January 12, 2018.