“AS the head of the Malaysian judiciary, I can assure you that the judiciary, through the principles of rule of law espoused by the Asean collaboration, will continue to perform its function without fear or favour as well as without bias for any particular party,” Chief Justice Tengku Maimun Tuan Mat said in her welcoming address at the 14th Asean Law Association General Assembly 2023 and Asean Law Conference yesterday.

It must be the time and place for the chief justice to say it, again. Early this year at the opening of the legal year 2023, Tengku Maimun had said that she was sworn to uphold the rule of law and to defend the independence of the judiciary.

According to her, it was a promise that she took “extremely seriously”, the occasion serving as a reminder of the unwavering commitment of the judiciary to be fearless.

Not too long ago also, in the case of Sundra Rajoo a/l Nadarajah v Menteri Luar Negeri, Malaysia & Ors (2021), the Federal Court answered in the affirmative that the much-criticised discretion of the attorney-general under article 145(3) of the Federal Constitution “is amenable to judicial review in appropriate circumstances”.

Tengku Maimun, delivering the judgment of the Federal Court, said:

“Article 145(3) of the Federal Constitution provides the attorney-general/public prosecutor (AG/PP) with a wide discretion to institute, conduct or discontinue any proceedings for a criminal offence. This wide discretion means the AG/PP has sole and exclusive discretion in that only he/she can exercise such power. However, the AG/PP does not have absolute or unfettered discretion under art 145(3). [I]t is our judgment that in appropriate, rare and exceptional cases, such discretion is amenable to judicial review.”

That’s what without fear or favour and without bias for any particular party is about. It’s the judiciary’s unwavering commitment to the rule of law. – October 20, 2023.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.