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 • CJ vows
to do what’s right
• Buck up and
work harder, judges told
• Hakim
perlu jujur, telus – Abdul Hamid
©The
Sun (Used by permission)
by R.Surenthira Kumar
PUTRAJAYA (Dec 11, 2007): Newly appointed Chief Justice Datuk Abdul Hamid
Mohamad today vowed to safeguard the independence of the judiciary and revive
public confidence in the institution.
And to show he is not mincing his words and means to whip the judiciary back
into a respected institution, the nation's 11th Chief Justice flashed a placard
with the words "BUAT KERJA! (work!) to his subordinates shortly after being
sworn in.
He received a rousing handclap from the audience comprising former Chief Justice
Tun Dzaiddin Mohamad, Federal, Appeal, High court judges, Bar Council president
Ambiga Sreenevasan and others.
"I am aware that this appointment is a heavy burden on me. It is more so when it
happens at a very challenging time, that is, when public perceptions of the
judiciary are disturbing, when the integrity of the courts in the administration
of justice is doubted, when appointments and the behaviour of judges and their
commitments in the discharge of their duties, are all being questioned," said
Abdul Hamid.
Describing the judiciary as the last frontier of a nation, he said : "When the
people no longer have confidence in the courts, there will be chaos."
"The independence of the judiciary means giving decision in a case based on law
and evidence adduced in court without being influenced or pressured by any
party," he said.
It does not mean siding any party in any dispute such as siding an individual as
against the government, an employee against an employer, a victim of an accident
as against an insurance company or vice versa, added Abdul Hamid.
In urging judges, officers and staff of the judiciary to work towards rectifying
the negative perception the public has towards the judiciary, Abdul Hamid said
the existence of such perceptions does not necessarily mean they are all true.
"In any event, we simply cannot brush them aside. To the judiciary, the very
fact that such negative perceptions exist is sufficient for us to take them
seriously," said Abdul Hamid in his speech after being sworn in together with
new Court of Appeal president Tan Sri Zaki Tun Azmi in the Palace of Justice
here today.
He said those in the judiciary have to reflect on themselves to see if there is
anything in their behaviour, relationships, including those of their immediate
family members and close associates which may give rise to such negative
perceptions, and if there are, to correct the situation.
"In other words, we have to revive public confidence, not through slogans, not
through propaganda, not only through prayers, but by showing results which by
themselves will negate the perceptions."
"Toward that end, we will have to work hard and honestly," said Abdul Hamid who
noted that his term of office as the Chief Justice will be very brief as Abdul
Hamid, who is 65 now, will retire at age 66.
"But, even if, by the will of God Al-Mighty I am to occupy the office for only
one day, during that one day, I am determined to do what I honestly believe to
be right, as best I can. Whether my best is good enough is for the public to
judge," said Abdul Hamid.
On the independence of the judiciary and the separation of powers, Abdul Hamid
said the relationship between the judiciary and the other branches of the
government should be based on mutual respect.
"Just as the judiciary does not like its jurisdiction to be encroached upon, the
judiciary too should respect the jurisdiction of the other branches of the
government. The three branches of the government should move in tandem, within
the limits of their respective jurisdictions, in the interest of the country,"
said Abdul Hamid.
At the end of his speech Abdull Hamid said if he were asked to choose a slogan,
it would be ... at which point he held up the placard in black and white with
the words, "buat kerja" written on it to the applause of all present.
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Circular No 297/2008
Apart from being relieved and happy with his Lordship's appointment...sadly we would only be having his Lordship for a maximum of one year.
But rest assured, his Lordship would definitely not be like his namesake who held the highest office in the Judiciary.
Kepada YAA, Tahniah & Semoga Teruskan Usaha Murni Demi Menegakkan Keadilan.
Abdul Fareed Bin Abdul Gafoor