Does the judicial line-up truly reflect the plurality indicated in the premier’s 1Malaysia concept?
DAP’s Kota Al
am Shah assemblyperson and lawyer M Manoharan (left) thinks not, given that no Indian Malaysian has made it to the ranks of Federal Court judge for almost a year now.
The last two to hold the post were Justice S Augustine Paul, who died in office in January last year, and Justice Gopal Sri Ram, who retired on Feb 10 last year.
There are only two non-Malay judges in the Federal Court – Justice James Foong, who will chair the Teoh Beng Hock Royal Commission of Inquiry and Chief Judge of Sabah and Sarawak, Richard Malanjum
“We have many Indians (in the legal profession) and also in the Bar Council, but this is not reflected in the (composition of the) judiciary,” Manoharan told Malaysiakini today.
“An Indian may not occupy the top four posts – Chief Justice, President of the Court of Appeal, Chief Judge of Malaya and Chief Judge of Sabah and Sarawak. So why can’t they appoint one to the Federal Court?
“To make matters worse, there is only one Indian judge in the Court of Appeal – Justice KN Segara. This is not reflective of the community in Malaysia, and (reflects badly on the) 1Malaysia (policy).”
Manoharan, a former Hindu Rights Action Force leader, called on the Indian community to wake up to such developments to ensure that they are not further marginalised.
“The Indian community should not be duped by sweeteners in by-election campaigns. (They) must rise and not let such small benefits blind their judgment,” he said.
He also questioned whether Chief Justice Zaki Azmi (left) was fit to sit as top judicial officer, given such lapses.
“Zaki has been emphasising the Key Performance Indicators (KPIs) for judges in the speedy disposal of cases, but many lawyers think Zaki himself is not doing a good job. The (absence) of Indian judges in the Federal Court is the latest example of his blunders and shortsightedness.”
Manoharan noted that should the KPIs be applied to the chief justice’s performance, he would fail.
Zaki has received much flak for introducing the KPI system. Lawyers and even some judges are questioning if justice has become a casualty in the speedy disposal of cases.
Senior lawyer Karpal Singh has called for review of the KPIs, saying that these have put justice under siege.
‘Favours for Umno’
Manoharan also pointed out the popular perception that only judges who have done favours for Umno are promoted.
“This happened with Paul, who presided over the Anwar Ibrahim (corruption) case in the late 1990s and found him guilty. He was promoted to the Court of Appeal in 2003 and then to the Federal Court in 2005.
“Gopal Sri Ram (right), however, languished in the Court of Appeal for many years and was only promoted several months before his retirement. Is it (only) when judges rule in Umno’s favour that they are guaranteed a promotion to the apex court?”
He further questioned the practice of awarding titles to Federal Court judges, noting that there are “too many Tan Sri” on the bench.
Court of Appeal president Alauddin Md Sheriff, Chief Judge of Malaya Arifin Zakaria, Chief Judge of Sabah and Sarawak Richard Malanjum, Foong and Federal Court judge Zulkefli Ahmad Makinuddin all hold the title.
“Is it because the chief justice got a `Tun’ title early in his career, rather than (towards) the end? Does this warrant those below him getting honorific titles (as well)?” posed Manoharan.
DAP’s Kota Al
am Shah assemblyperson and lawyer M Manoharan (left) thinks not, given that no Indian Malaysian has made it to the ranks of Federal Court judge for almost a year now.The last two to hold the post were Justice S Augustine Paul, who died in office in January last year, and Justice Gopal Sri Ram, who retired on Feb 10 last year.
There are only two non-Malay judges in the Federal Court – Justice James Foong, who will chair the Teoh Beng Hock Royal Commission of Inquiry and Chief Judge of Sabah and Sarawak, Richard Malanjum
“We have many Indians (in the legal profession) and also in the Bar Council, but this is not reflected in the (composition of the) judiciary,” Manoharan told Malaysiakini today.
“An Indian may not occupy the top four posts – Chief Justice, President of the Court of Appeal, Chief Judge of Malaya and Chief Judge of Sabah and Sarawak. So why can’t they appoint one to the Federal Court?
“To make matters worse, there is only one Indian judge in the Court of Appeal – Justice KN Segara. This is not reflective of the community in Malaysia, and (reflects badly on the) 1Malaysia (policy).”
Manoharan, a former Hindu Rights Action Force leader, called on the Indian community to wake up to such developments to ensure that they are not further marginalised.
“The Indian community should not be duped by sweeteners in by-election campaigns. (They) must rise and not let such small benefits blind their judgment,” he said.
He also questioned whether Chief Justice Zaki Azmi (left) was fit to sit as top judicial officer, given such lapses.“Zaki has been emphasising the Key Performance Indicators (KPIs) for judges in the speedy disposal of cases, but many lawyers think Zaki himself is not doing a good job. The (absence) of Indian judges in the Federal Court is the latest example of his blunders and shortsightedness.”
Manoharan noted that should the KPIs be applied to the chief justice’s performance, he would fail.
Zaki has received much flak for introducing the KPI system. Lawyers and even some judges are questioning if justice has become a casualty in the speedy disposal of cases.
Senior lawyer Karpal Singh has called for review of the KPIs, saying that these have put justice under siege.
‘Favours for Umno’
Manoharan also pointed out the popular perception that only judges who have done favours for Umno are promoted.
“This happened with Paul, who presided over the Anwar Ibrahim (corruption) case in the late 1990s and found him guilty. He was promoted to the Court of Appeal in 2003 and then to the Federal Court in 2005.
“Gopal Sri Ram (right), however, languished in the Court of Appeal for many years and was only promoted several months before his retirement. Is it (only) when judges rule in Umno’s favour that they are guaranteed a promotion to the apex court?”He further questioned the practice of awarding titles to Federal Court judges, noting that there are “too many Tan Sri” on the bench.
Court of Appeal president Alauddin Md Sheriff, Chief Judge of Malaya Arifin Zakaria, Chief Judge of Sabah and Sarawak Richard Malanjum, Foong and Federal Court judge Zulkefli Ahmad Makinuddin all hold the title.
“Is it because the chief justice got a `Tun’ title early in his career, rather than (towards) the end? Does this warrant those below him getting honorific titles (as well)?” posed Manoharan.
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