Deputy Minister should cease his rhetorical stance against the Bar
Thursday, 20 May 1999 12:00am
The Bar Council is shocked to note that the Deputy Minister in the Prime Minister’s Department Datuk Ibrahim Ali called for a press conference on 18th May 1999 after his meeting with the officials of the Bar Council as the meeting was a closed door one to discuss primarily the budget proposals of the forthcoming 12th Commonwealth Law Conference to be hosted in Kuala Lumpur by the Bar Council from 13th - 16th September 1999.
The criticism levelled against the Bar Council by the Deputy Minister at the press conference is baseless and shows a total lack of understanding of the concept of democracy and the Rule of Law. The Bar Council was responding to the Attorney-General on a matter of law which was of public interest.
It is the incumbent right and duty of the Bar Council to always react to any perceived breach of the Rule of Law without regard to its own interest or that of its members. To expect otherwise would mean a total miscomprehension of the duties and responsibilities of the Bar Council under the Legal Profession Act, 1976.
At the meeting with the Deputy Minister held at his invitation, on 19th April 1999, members of the Bar Council had made it very clear to him that the Bar Council within its statutory rights under the Legal Profession Act, would act without fear or favour not only on matters that concern the legal profession but also legal issues and matters that concern public interest.
The meeting of 18th May 1999 called by the Deputy Minister was between him and the Vice-President, Treasurer and Executive Director and not the Executive Committee of the Bar Council.
On the issue of an ad-hoc committee set up by the Bar Council to investigate alleged irregularities and improprieties in the judiciary, the Bar Council states that this is being done pursuant to an unanimous resolution passed at the last Annual General Meeting of the Malaysian Bar and the question of whether the Deputy Minister is happy or unhappy with the decision is not relevant to us. As for the alleged irregularities and misconduct by members of the Bar, these acts or omissions are always dealt with by the Advocates & Solicitors Disciplinary Board which is an independent body. The Bar Council is mindful of its statutory duties and does not require unsolicited advice from the Deputy Minister as regards its role.
While calling for frank discussions, the Deputy Minister seems to use the meetings to thereafter call press conferences to strongly criticise the Bar Council, the office-bearers and the profession, straying from the bona fides of the meetings.
The Bar Council reiterates its call to the Deputy Minister to appraise himself of the provisions in the Legal Profession Act and cease his rhetorical stance against the Bar in the Press.
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