Restore judicial power under Article 121 first, says Param

KUALA LUMPUR: The new Chief Justice Tan Sri Zaki Azmi must call for the restoration of the judicial power on the courts under Article 121 of the Federal Constitution if he seriously wants to reform and improve the image of the institution, said former UN special rapporteur on the independence of judges and lawyers Datuk Param Cumaraswamy.

While Zaki’s warning to errant judges that he would take stern measures against them to improve the image of the judiciary sounded a step forward, Param said as the chief justice, Zaki could not be seen acting against such judges single-handedly.

“Judges, once appointed, are entitled to all the insulations provided under the constitution to protect their independence. One such insulation is security of tenure. They too are entitled to justice for whatever alleged misconduct hence the right to due process,” he said in a statement.

Param said the restoration of the judicial power under Article 121 of the Federal Constitution must first be carried out if Zaki wanted to address all the weaknesses in the administration of justice.

He said among other reforms needed in addition to the judicial appointments commission was the need for a judicial complaints commission to deal with complaints against judges.

Param said the present procedure under Article 125 only meant for removal was too cumbersome.

“In any event, in no circumstances should the power of judicial discipline be vested in just one person like the chief justice however eminent he may be. It must be borne in mind that the chief justice is just the first among equals in the system. He should not be seen having disciplinary powers over his equals,” Param said.

The Edge
02/10/08