KUALA LUMPUR: It is confirmed that three independent minded judges who made rulings displeasing the Barisan Nasional government will be transferred and Chief Justice Zaki Azmi (picture) is defending the move.
To be transferred from the High Court’s Appellate and Special Powers Division to the High Court’s Commercial Division from Jan 1 are judges Alizatul Khair Osman Khairuddin, Lau Bee Lan and Justice Mohamad Ariff Md Yusoff.
Zaki said the decision was made three months ago and had nothing to do with the judges’ rulings. It was to expose them to different ambits of the law so that they could be considered for promotion, a news report quoted him as saying.
However, according to The Sun, he admitted that all three had yet to be shortlisted for promotion. But he said their exposure to different specialties would give them experiences necessary to be considered for promotion.
“I assume the inference is (that the transfers are) because they made decisions which did not favour the authorities,” he said in his e-mail to the newspaper.
“ Why is it other transfers do not attract as much interest? Does this mean these judges have to be kept there forever?”
Opposition leaders and civil society have alleged that the Malaysian judiciary is subservient to the ruling Barisan Nasional executive.
They said the recent cases handled by the three judges who made independent rulings clearly indicated the reasons for their transfers.
Alizatul declared on Nov 16 that Umno’s Abu Hassan Sarif was no longer the state assemblyman for Kota Siputeh and ordered the Election Commission to call a by-election. The commission has since filed an appeal.
Last March 6, Lau heard an application by deposed Perak Mentri Besar Mohammad Nizar Jamaluddin of Pas that challenged the legitimacy of his successor, Zambry Abdul Kadir of Umno.
She ruled that the Federal Court must determine four constitutional questions before deciding who the rightful mentri besar is.
The Federal Court, however, contended that Lau had not followed proper procedure and returned the case to the High Court under Justice Abdul Aziz Abd Rahim, whose decision was in favour of Mohammad Nizar. That decision was overturned on appeal.
Mohamad Ariff on Nov 19 ruled that the Malaysian Anti Corruption Commission (MACC) could not question witnesses beyond normal office hours.
He held that the MACC acted illegally in detaining Kajang Municipal Council councillor Tan Boon Wah of Pakatan Rakyat overnight in a probe concerning the misuse of allocations for state assemblymen. Political aide Teoh Beng Huat was found dead outside the MACC office during that investigation.
FMT
11/12/09
To be transferred from the High Court’s Appellate and Special Powers Division to the High Court’s Commercial Division from Jan 1 are judges Alizatul Khair Osman Khairuddin, Lau Bee Lan and Justice Mohamad Ariff Md Yusoff.
Zaki said the decision was made three months ago and had nothing to do with the judges’ rulings. It was to expose them to different ambits of the law so that they could be considered for promotion, a news report quoted him as saying.
However, according to The Sun, he admitted that all three had yet to be shortlisted for promotion. But he said their exposure to different specialties would give them experiences necessary to be considered for promotion.
“I assume the inference is (that the transfers are) because they made decisions which did not favour the authorities,” he said in his e-mail to the newspaper.
“ Why is it other transfers do not attract as much interest? Does this mean these judges have to be kept there forever?”
Opposition leaders and civil society have alleged that the Malaysian judiciary is subservient to the ruling Barisan Nasional executive.
They said the recent cases handled by the three judges who made independent rulings clearly indicated the reasons for their transfers.
Alizatul declared on Nov 16 that Umno’s Abu Hassan Sarif was no longer the state assemblyman for Kota Siputeh and ordered the Election Commission to call a by-election. The commission has since filed an appeal.
Last March 6, Lau heard an application by deposed Perak Mentri Besar Mohammad Nizar Jamaluddin of Pas that challenged the legitimacy of his successor, Zambry Abdul Kadir of Umno.
She ruled that the Federal Court must determine four constitutional questions before deciding who the rightful mentri besar is.
The Federal Court, however, contended that Lau had not followed proper procedure and returned the case to the High Court under Justice Abdul Aziz Abd Rahim, whose decision was in favour of Mohammad Nizar. That decision was overturned on appeal.
Mohamad Ariff on Nov 19 ruled that the Malaysian Anti Corruption Commission (MACC) could not question witnesses beyond normal office hours.
He held that the MACC acted illegally in detaining Kajang Municipal Council councillor Tan Boon Wah of Pakatan Rakyat overnight in a probe concerning the misuse of allocations for state assemblymen. Political aide Teoh Beng Huat was found dead outside the MACC office during that investigation.
FMT
11/12/09
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