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 ©New
Straits Times (Used by permission)
by V. Anbalagan
PUTRAJAYA: The Conference of Rulers will meet for three days in Kuala Terengganu
next week to decide on a new chief justice following the compulsory retirement
of Tun Abdul Hamid Mohamad on Oct 17.
The rulers will also decide on the elevation of three judges
to the Federal Court.
Under the Federal Constitution, the chief justice proposes names to the prime
minister who would then forward a list to the Conference of Rulers for
consultation.
The king appoints candidates on the advice of the prime minister.
By convention, Court of Appeal president Tan Sri Zaki Azmi, the second in the
judicial ladder, would be the front-runner for appointment to head the bench.
He was appointed to the Federal Court in September last year
and two months later Zaki, now 63, was made Court of Appeal president.
However, some 25,000 people have signed a petition to the king to object to his
elevation due to his involvement with Umno, including being chairman of the
party's disciplinary board.
Bar Council vice-chairman Ragunath Kesavan said Zaki's past should not be held
against him as there were candidates associated with political parties who were
appointed as judicial officers.
He said recently appointed judicial commissioner Mohamed Ariff Md Yusof
contested on a Pas ticket in the 2004 general election while retired Court of
Appeal judge Datuk Ariffin Jaka also stood under the opposition party's banner
in the 1978 polls.
"The most important consideration is whether a chief justice will display
judicial independence and uphold the oath of his office."
Retired Court of Appeal judge Datuk Shaikh Daud Shaikh Ismail said at one time
the Conference of Rulers appeared to have acted like a rubber stamp in endorsing
judicial appointments but this was not the case going by recent developments.
Last year, the rulers rejected the nominees proposed by former chief justice Tun
Ahmad Fairuz Sheikh Abdul Halim.
Hamid was then appointed chief justice and Zaki as Court of Appeal president.
Shaikh Daud said this implied the rulers questioned the executive as they wanted
the right candidates to be appointed.
"The Conference of Rulers may do the same thing again this time," he said.
"I believe that the public wants the Conference of Rulers to act in the interest
of the nation. They will definitely get the support of the people," he said.
Other possible contenders for the post of chief justice are Chief Judge of
Malaya Tan Sri Alauddin Mohd Sheriff, 62, and Federal Court judge Datuk Arifin
Zakaria, 60.
It appears most likely, Zaki will be promoted to chief justice, Alauddin to
Court of Appeal president and Arifin to chief judge of Malaya.
On the appointments for the three vacancies in the Federal Court, retired
Supreme Court judge Tan Sri Azmi Kamaruddin said, "if everything else is equal,
then seniority should be the criterion for promoting existing Court of Appeal
judges".
However, past appointments to the apex court had put seniority on the
backburner.
Azmi said under normal circumstances the prime minister would follow the
suggestions of the chief justice but nothing could stop him from getting
additional names for consideration by the rulers.
The most senior judges in the Court of Appeal now are Datuk Gopal Sri Ram, Datuk
Mohd Ghazali Mohd Yusoff and Tengku Baharuddin Shah Tengku Mahmud.
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Circular No 023/2012: Talk on ISO 9001 | 2008 Quality Management System Certification
Being at the apex of the Judicial System, the candidate needs to be suitably qualified for the post.
Being "planted" at the second most highest Judicial ladder doesn't qualify a person as a properly (what more, suitably) qualified person.
Seniority? Just because one has many many years experience, doesn't mean he or she is going to be the best person for the job. Heck I've had almost 23 years experience and still I don't know anything!
But what I do know is that the right person for the job has got to be the one who is most fairest in his judgments, most intellectual, most wisdom, does not succumb to emotional outbursts, does not play to the tune of others, is not a mouthpiece of the government, has a moral rightness and is very god fearing.
He must be a person who doesn't show off his authority by making condemnations of others. Doesn't make wanton display to the public of his position. And accords the same degree of respect to those appearing before him.
Privately and personally, he must have a clean slate. That means no cheating on the wife. NO tearing up of crucial matrimonial evidences.
King Solomon he has got to be.
Nik Elin Zurina Bt Nik Abdul Rashid