PUTRAJAYA: The appointment of judges is made with confidentiality by majority vote without any influence from anyone, says Chief Justice Tun Arifin Zakaria.
He said the Judicial Appointments Commission (JAC) would consider several criteria in selecting judges to be elevated.
The criteria includes their achievement in disposing cases, quality of judgments, integrity, legal knowledge, ability in judicial administration and judicial temperament.
“The independence in appointment of judges is very significant to ensure that the judiciary’s independence to make decisions is preserved,” he said in his speech at the swearing-in ceremony of seven judges who were respectively elevated to the Federal Court and Court of Appeal here.
Three Court of Appeal judges, Datuk Mohamed Apandi Ali, 63, Datuk Seri Abu Samah Nordin, 62, and Datuk Ramly Ali, 60, and High Court judges Datuk Seri Zakaria Sam, 61, Datuk Abang Iskandar Abang Hashim, 64, Datuk Umi Kalthum Abdul Majid, 59, and Datuk Varghese a/l George Varughese, 63, took their oath of office and allegiance as Federal Court and Court of Appeal judges.
Mohamed Apandi, Abu Samah and Ramly were elevated to the Federal Court while the other four were elevated to the Court of Appeal.
Arifin said an independent judiciary was the pillar of upholding the law in the country and it should be safeguarded and protected by all in society.
He said the seven judges were eligible for elevation as they had fulfilled the criteria set by the Judicial Appointments Commission Act 2009.
“This clearly proves that the appointment of judges to the higher courts does not just rely on mere seniority,” he said, adding that judges should be brave in making independent decisions in upholding the law.
He said in any decision, there was bound to be criticism but as long as it was based on law principles and upholding the law, there would be integrity in the decision and this would ensure the independence of the judiciary.
Arifin also urged judges to increase the quality of the judgments to maintain public confidence in the judiciary.
“I must stress the importance for judges to prepare a detailed ground of judgment based on just and solid principles of law,” he said, adding that it was especially important for judges of the Federal Court and Court of Appeal as their judgments were binding for the lower courts.
He also urged judges to be patient when conducting trial in the court and listening to evidence and submissions from lawyers.
“Never be hasty in giving their right to a hearing or have lawyers cut short in delivering submission just because you want to dispose of a case quickly. Do not deny their lawyers from submitting their submissions.
“I do not want to receive any more complaints of judges being impatient in wanting to dispose of a case quickly,” he said.
When met by reporters, Arifin declined comment over rumours that Court of Appeal judge Datuk Mohd Hishamudin Mohd Yunus had been overlooked for elevation to the Federal Court.
To another question on the Bar Council not being consulted on the elevation of the judges, Arifin said consulting the Bar was merely a “courtesy” and there was no formal discussion.
He said it was not out of disrespect to the Bar but it was never in law that JAC had to consult them.
“We consult when it is necessary. Normally, we discuss but this time around, probably not necessary to discuss it with the Bar. There is nothing special (about not consulting),” he said.
Arifin also said judges were required to write judgments within eight weeks of a case, be it civil or criminal hearing, but in some cases, a certain degree of leniency was allowed for complex cases.
He said action would be taken on judges who were very late in writing their grounds of judgment, adding that show-cause letters would be issued to them. — Bernama