- The purported leak of a Judicial Appointments Committee (JAC) meeting minutes must be thoroughly investigated, not only from the angle of how they were leaked but more importantly, as to their authenticity and contents.
- I note the Inspector-General of Police Khalid Ismail’s statement that investigations into the matter have commenced under section 8 of the Official Secrets Act, 1972, Section 203A of the Penal Code (disclosures of information obtained during performance of one’s duties) and Section 233 of the Communications and Multimedia Act (improper use of network facilities) but regret that no mention was made in respect of the elephant in the room, namely whether the allegations of judicial interference in the said leaked minutes will be thoroughly investigated as well.
- Khalid’s statement seems to imply that the said leaked minutes are indeed authentic which gives rise for the need to investigate under the OSA, making it all the more important to investigate the actual allegations of possible misconduct in the minutes.
- The said allegations are undoubtedly very serious as they strike at the very core of the integrity of a key institution in any democracy, namely the Judiciary and the people have the right to know if they are true or not.
- In such circumstances, the government cannot afford to be seen to be lackadaisical in its resolve to protect the integrity of the Judiciary and every effort must be made to ensure no stone is left unturned in the investigations pertaining to the said leaked minutes.
- Equally important are the impending appointments of the Chief Justice and President of the Court of Appeal and the possible appointments of new Chief Judges of Malaya and Sabah and Sarawak.
- It is common knowledge that such appointments are made by the Yang di-Pertuan Agong, acting on the advise of the Prime Minister, after consulting the Conference of Rulers pursuant to Article 122B(1) of the Federal Constitution.
- The advise of the PM is, therefore, crucial in these appointments and must be exercised with utmost caution, given the severity of the allegations levelled against the judge implicated in the said leaked minutes.
- With the greatest of respect, the said judge should not be considered by the PM in his said advise for any of the said four posts until and unless the allegations in the said leaked minutes which implicate him or her are properly investigated and concluded as it is elementary that if the said judge is found to have committed wrongdoing as a result of such investigations, his or her integrity would be seriously in doubt.
- The position demands a thorough and transparent investigation and anything less can result in a serious loss of confidence in the Madani government which should be avoided.
RAMKARPAL SINGH
MEMBER OF PARLIAMENT BUKIT GELUGOR
CHAIRMAN DAP
NATIONAL LEGAL BUREAU
