UMNO information chief Datuk Isham Jalil is not in concordance with Chief Justice (CJ) Tun Tengku Maimun Tuan Mat who recently delved on mannerism and protocol when deliberating on the Malaysian Anti-Corruption Commission’s (MACC) investigation into former High Court judge Datuk Mohd Nazlan Mohd Ghazali.
He contended that if the judge in question is a criminal, there is no need to be polite to arrest him/her but “just to follow the normal procedure as imposed on other people”.
“We need not greet a thief with a ‘hello’ regardless if the thief is a judge or otherwise,” he penned on his Facebook page.
“The CJ cannot force the Executive branch to negotiate or seek her permission for law enforcers to investigate a judge suspected of committing a crime. Such ‘protocol’ is not stipulated in the Federal Constitution nor any law when it involves criminal issues of judges as opposed to ethical issues.”
According to Isham, countries like England and the US allow the relevant authorities to investigate, detain and prosecute a judge without first seeking permission or consulting the CJ if he/she has committed a crime.
“If the authorities have to seek permission or consult with the CJ to investigate and prosecute judges who commit crimes, this is certainly not in line with the principle of separation of powers, and check and balances between the Executive, the Judiciary and Parliament,” the UMNO supreme council member pointed out.
“For example, it does not make sense for the police or the MACC to seek the CJ’s permission before arresting, investigating and prosecuting judges who murder or take bribes.”
In addition to avoiding the bias on their colleagues, Isham said the duty of judges and the CJ is to adjudicate cases and “not to investigate, arrest and prosecute” because that is the duty of law enforcers such as the police and the MACC.
“For this reason, the enforcer does not need to seek the judge’s permission to investigate the suspect given that such task does not fall under the jurisdiction of judges,” stated Isham who was the former special officer to now incarcerated former premier Datuk Seri Najib Razak.
Drawing an analogy, Isham said requesting the authorities to consult with the CJ first before they investigate judges is akin to “the Dewan Rakyat speaker asking the authorities to consult him first before arresting a MP or to consult the Prime Minister first before arresting a minister”.
“This doesn’t make sense,” he objected. “I urge the CJ not to make a judgment that looks like a wet thread. This is not a matter of legislation but a matter of public policy and common sense.”
Added Isham: “People are watching and if the judiciary is perceived to be biased, this is not good for public confidence in the country’s justice system. Because if the people lose faith in the judicial system, then it will be difficult to enforce the law.” – Feb 26, 2023
