THE Human Rights Commission of Malaysia (SUHAKAM) has described the action by the Malaysian Anti-Corruption Commission (MACC) to commence an investigation into a report on corruption allegation against Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali as “unconstitutional and unprecedented”.
The commission said it is “deeply distressed and concerned” given there are specific provisions under the Federal Constitution to deal with allegations of wrongdoing against superior court judges.
Article 125(3A) of the Federal Constitution provides that where a superior court judge has allegedly committed a breach of any of the provisions of the Code of Ethics and the Chief Justice is of the opinion that the breach does not warrant the superior court judge to be referred to a tribunal for removal from office, then the Chief Justice can refer the matter to the Judges’ Ethics Committee established pursuant to the Judges’ Ethics Committee Act 2010.
“SUHAKAM subscribes to and supports the principle of separation of powers to ensure the integrity and independence of the judiciary is protected and to avoid any interference and political pressure against any member of the Judiciary at any time,” it said in a media statement issued late last night (April 26).
“SUHAKAM questions the motive of MACC in launching the investigation and is of the view that MACC’s proposed investigation will set a negative and dangerous precedent that may undermine the judiciary as an institution and as one of the pillars of a democratic Government.”
According to SUHAKAM, the action by MACC might in the long run open the floodgate to frivolous and vexatious charges and abuse of process by enforcement agencies against the judiciary.
“SUHAKAM supports the view that all judges must have the proper space to discharge their judicial duties in a manner apparent to all, and that the judicial process and decision is independent, free of any interference, considered, reasoned and honest,” the commission pointed out.
“Above all that, it is vital for justice not only to be seen to be done but must be done according to the law. Accordingly, SUHAKAM calls upon the MACC to stop all investigations against Nazlan immediately.”
Earlier, the Malaysian Bar has also branded the MACC’s investigation on Mohd Nazlan as unconstitutional.
Its president, Karen Cheah Yee Lynn said that the probe violates the doctrine of separation of powers and also undermines the independence of the judiciary.
In a statement, she said “there are mechanisms in place to deal with this issue and… any attempt by irresponsible parties can be seen as to stab public confidence in the judiciary.”
“Article 125 of the Federal Constitution provides a specific pathway which allows for complaints of judicial misconduct to be addressed in a manner that ensures continued public confidence in the judiciary.
“Without that necessary confidence instilled in the judiciary as an institution, the administration of justice system cannot command the respect and acceptance that are essential to its effective operation in our administration of justice,” she added. – April 27, 2022
