ATTEMPTS to intimidate the judiciary and judges are becoming more obvious in the country, Chief Justice Tengku Maimun Tuan Mat said.  

The nation’s top judge said such acts by certain quarters were an insult to the rule of law and judicial independence. 

She urged judges to continue to deliver decisions without fear, even if they were subjected to intense scrutiny.  

“Last year attempts to intimidate or otherwise exert improper pressure on judges presiding over public interest cases became more obvious. 

“These attempts are a direct affront to the rule of law and judicial independence,” the chief justice said today during the opening of the legal year 2023 ceremony in Putrajaya. 

Tengku Maimun did not name any individual or group, or any case to back her point but said that such people deserved strong disapproval.  

“They certainly deserve condemnation and indeed many have spoken out against them in strong terms.  

“It is very mischievous for anyone to try to tarnish the image of the courts and bring in disrepute through unfair, biased, and oftentimes unenlightened criticism simply because they happen to not like a particular decision,” she added.  

Tengku Maimum, who chaired a five-judge Federal Court panel that dismissed Najib’s final appeal against his SRC International Sdn Bhd graft conviction, was also subjected to criticism.  

In a unanimous decision, the apex court upheld Najib’s conviction and sentence of 12 years imprisonment along with a RM210 million fine.

Tengku Maimun said judges who preside over politically toned cases are frequently subjected to a great deal of intense scrutiny in the media, especially on social media. 

She said that the decisions made by the judges in such cases were almost always criticised by members of various political parties and members of the general public. 

Tengku Maimun, however, said that she recognises the constitutional right of every citizen to criticise the judiciary and test the correctness of its judgements through due process. 

“I urge the members of the public to read judgements in their entirety before forming an opinion and before subjecting the judiciary to any form of vilification,” the top judge said.  

“The criticism we receive should not result in disharmony between the judiciary and the members of the bar, any political alliance or the general public but rather it should solidify and augment our determination to be more united in upholding the independence of the judiciary and the rule of law,” she added.  

At the same time, Tengku Maimun urged judges to make decisions and write judgments based on the law, and to avoid seeking popularity.

“We write to keep the public abreast of the judicial function and not to seek validation from the public or from any quarter.  

“If a judge decides a case premise on anything other than the law or facts, then he makes a decision that is not in law, in which case, the judge fails to uphold judicial independence and the rule of law,” she said. – January 9, 2023.