Esteemed gathering: Tengku Maimun (seated, fifth from right) posing for a group photo with judges during the Opening of the Legal Year 2025 in Putrajaya. — Bernama
PUTRAJAYA: Judges have been advised to make their decisions justly, fairly and objectively, even in the face of executive requests.
Chief Justice Tun Tengku Maimun Tuan Mat dispensed the advice in her final speech at the Opening of the Legal Year 2025, as she is expected to retire after reaching the mandatory retirement age in July.
Tengku Maimun, who made history as Malaysia’s first female Chief Justice when she was appointed in May 2019, recalled a question that was asked of her when she was first appointed:
“What would she do if the executive or other influential parties demand that she decide a case in a certain way, such as to appoint certain persons as judges or make decisions that are wrong in law but right for the party with the vested interest?
“Before I answer the question, let me stress this. A judge whether male or female must always decide justly, fairly and objectively,” she said yesterday.
Tengku Maimun was forthright about the demands of the position.
“I am here to do my job. It is an extremely intimidating position to hold, but upon accepting the appointment, I am fully committed to doing it properly.
“I will not bend or bow to any person no matter how high and mighty, to do what he or she demands of me. My only master is Allah SWT,” she said.
She reflected on her journey in her tenure as the Chief Justice, saying she faced public vilification but never lost sleep over it as her conscience was clear.
Citing some of the judicial decisions made, she said some of it led to critics who “spun those decisions to appear as if the judiciary or some judges within it, including me, are anti-Islam. Some even questioned my faith as a Muslim”.
“As Chief Justice, I have been criticised, vilified, labelled un-Islamic or an enemy of Islam, my husband (unfairly so) has been used against me in some applications to not only have me recused but more generally to embarrass me and my colleagues.
“None of them have or ever will pass the test of my conscience, and praise be to Allah, I have not once lost sleep over these comments,” she said.
Tengku Maimun also shared that she had served under four prime ministers from different political affiliations – Tun Dr Mahathir Mohamad, Tan Sri Muhyiddin Yassin, Datuk Seri Ismail Sabri Yaakob and now Datuk Seri Anwar Ibrahim.
“During this time, judicial panels led by me have made what we firmly believed to be correct decisions on law and facts regardless of the heated political overtones and undertones that clothed some of these cases.
“This alone should dispel any baseless notion that I have ever been partial to any particular prime minister or any political party,” she added.
As for the independence in judicial appointments, Tengku Maimun recounted the 1988 judicial crisis, which tarnished the independence of the judiciary and “in its aftermath, we witnessed completely unsettling events that are known as the infamous ‘VK Lingam Tapes’”.
This eventually led to the Judicial Appointments Commission Act 2009.
The need for the Act was grounded on the many criticisms against the government, she said.
She recalled that Anwar, as opposition leader then, was of the view that the Act was not enough to restore the independence of the judiciary.
“He went on to observe that there is a perception that persons who had decided in favour of the government were promoted,” she recalled.
Anwar’s view had highlighted “the fundamental aspect” of judicial independence, underscoring how “perception” had a big part in it, she said.
“The public cannot be expected to have confidence in the judicial institution no matter how hard its judges work if the pervading public perception is that judges are appointed or elevated upon the favour of making decisions that by default support the government or certain business interests,” she added.
She voiced confidence that the Anwar administration would continue to uphold judicial independence.
It takes decades to instil trust and confidence in the judiciary, she said.
“And since 2016 until now, that goal has largely been realised.”
She added that Malaysia has improved on all major Rule of Law and judicial independence indices.
“In 2023, Malaysia ranked 55th out of 142 countries worldwide in our Rule of Law ranking, being among the minority of countries whose rankings improved in that year – a significant 23 place improvement from 2016.
“It is important to acknowledge that these are not merely statistics or empty figures,” she said.
