Tuesday, November 10, 2015

Attorney-General Apandi warned Najib cognisant of the Malay rulers concern

The Conference of Rulers last month urged the government to complete the investigations related to 1MDB as soon as possible .Apandi said he was cognisant of the Malay rulers’ statement as well as the public's concerns. “Immediately after the rulers' statement, on the night itself, I messaged MACC: ‘Hello, you'd better speed up.’  “And then, in fact, to make sure they speed up, I said, ‘complete investigations  The wheels of justice, the saying goes, grind slowly but grind exceedingly fine. In the Malaysian context, it would be more true to say that they grind so exceedingly slowly that there can be nothing fine about the outcome. When we set out to look at instances of gross miscarriage of justice, This is mindboggling in itself
 the Attorney-General had directed the anti-graft agency to complete the investigations into former 1Malaysia Development Bhd (1MDB) subsidiary SRC International Sdn Bhd and the RM2.6 billion donation before the year end as he took the public's concerns seriously.Apandi warned Najib of this, and that the prime minister agreed he would have to be questioned prime minister must give his statement MACC said it would question Najib over the donation, which the commission established came from a Middle Eastern donor.
Maintain the dignity of judiciary, it is very important that justice is delivered fast justice should be delivered with speed and in an impartial manner, keeping in mind moral values and truth.judicial officers played an important role in enforcing the rule of law and added implementation of court orders is an important step in which executive plays a vital role. Both judiciary and executive are complementary to each other,
Tun Dr. Ismail –A Man of Integrity A hundred years ago on November 4, Tun Dr Ismail Abdul Rahman, the much respected second Deputy Prime Minister of Malaysia, was born. The public’s liking for him, according to numerous accounts of his life and times, was based on certain traits in his character that made him stand out as a public figure.These qualities included a non-racial outlook, a tough but fair approach towards the rules, and a principled stand on issues affecting the nation’s future.As former Finance Minister Tengku Razaleigh Hamzah said in an interview with the New Straits Times daily on Dr Ismail’s role following the May 13, 1969 racial riots:
Tun-Dr-Ismail and Art

Tun Dr Ismail Abdul Rahman political leader cherished the rule of law and upheld the Constitution, and related how his most poignant statement was the one he delivered on television after the racial riots of May 13, 1969, in which he declared: “Democracy is dead.” He was Home Affairs Minister at the time. Tun Dr Ismail for standing firm against any attempt to promote polarisation, when he asked, “Why did we fight for Merdeka? (Independence) So the different races can be divided? I hope a new discussion will start. Why are we building Malaysia? What Malaysia are we building? What kind of symbol is Malaysia supposed to be?“The social and political problems in the country – corruption and abuse of power, the rise of Islamisation, racial polarisation, all these problems if reviewed objectively can be tied up to one thing – the Constitution.”

Not one jurist as SC judge despite constitutional mandate: Centre
The following three can be picked as SC judges: An HC judge with 5 year experience, an advocate who has practised in HC for 10 years, and a ‘distinguished’ jurist.

 In its 65 years of existence, the Supreme Court has never got a 'distinguished jurist' as a judge, making the Union government pitch for implementation of a constitutional provision mandating appointment of this rare breed to the highest court. 

In its suggestions for improvement of the collegium system which the SC revived after quashing the National Judicial Appointments Commission (NJAC), the Centre said non-consideration of 'distinguished jurists' (experts in law) as judges of the SC despite the Constitution so mandating was wrong. 

The Constitution under Article 124 provides for appointment of judges to the SC from three sources - a person who has been a judge of a high court for five years; an advocate in a high court for 10 years; and, "a person who is, in the opinion of the President, a distinguished jurist". 

Interestingly, the Constitution did not provide for appointment of a 'distinguished jurist' as an HC judge under Article 217(2), which says a judicial officer for 10 years and an advocate with 10 years experience could be appointed as HC judge. 

The Centre said the collegium system has traditionally selected HC chief justices for appointment as judges of the SC, ignoring the two other pools of talent - advocates and distinguished jurists. 

The government requested a five-judge bench comprising Justices J S Khehar, J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh K Goel to introduce specific criteria "for appointment of members of bar and distinguished jurists to the Supreme Court and special emphasis placed on appointing judges from these categories given their historic under-representation". 

It suggested the manner in which 'distinguished jurists' could be considered for appointment as judges of the SC. The Centre put special emphasis on merit of the persons being considered for appointment as judges of the SC and HCs and also on the transparency and accountability of the consideration and selection process. 

"It has been observed in the last decade or so that largely chief justices of HCs are elevated to the Supreme Court. Merit should not be sacrificed for seniority and a deserving candidate who may be a senior judge of an HC should also be considered for elevation to the Supreme Court without him becoming chief justice of a HC," the Centre said. 

The Centre also suggested an annual public scrutiny of the quality of appointments made by the collegium. "Every year, an annual report on appointments ought to be published and made publicly available. This report will detail the number of appointments made and the process followed. 

"While taking into account the need to strike an optimal balance between transparency and confidentiality, the report should disclose the number of persons whose applications were shortlisted/were nominated, the results of the consultative process, and the time taken at each step of the process together with constructive suggestions for improvement," the Centre said.

No comments:

Post a Comment