The Judiciary in Focus

In the last fortnight or so, the Royal Commission of Inquiry to determine the so-called Lingam's videotape on fixing of Promotion of Judges had opened the can of worms on the way Judges are appointed to the top posts on the Bench. In fact it was the first of it's kind in the history of the country's judiciary that this august institution is getting into the hall of infamy. The whole world, particularly our brother judges in the Commonwealth is now focussing their attention to the proceedings of the Royal Commission of Inquiry. The personalities who have appeared before the Commission range from the ordinary to a former Prime Minister. All three former Chief Justices also appeared before the Commission. It's an irony that such eminent personalities were being grilled by their former subordinates or minions after their retirement. There have been apalling and downright shocking revelations made on how the top posts in the Judiciary were filled. If one goes by the provision of the Federal Constitution, it would appear that the appointment of those top judges should be a simple affair between the Agong, the Prime Minister and the Chief justice. But the most glaring fact which came out during the inquiry was the revelation of the process of "consultation" whereby in recommending the appointment of the Chief Judge of Malaya, only letters going to and fro the Chief Justice and the Prime Minister which constituted consultation. In the language of the layman, the very word "consultation" means to deliberate and discuss between the parties concerned. As a general practitioner the former PM cannot be unfamiliar with the terminology because when a patient sees the doctor and deliberated some time in the consultation room, there's face to face interaction and communication. Surely in tendering advice to the Agong as to whom should hold the post of Chief Judge, there must be at the very least some face to face communication between the PM and Chief Justice, though the Federal Constitution does not spell out what is or the process of "consultation" should be. Another shocking revelation was that, even hearsay became a factor in consideration of appointing to the top post in the Judiciary. No wonder there's a virulent call from the Bar Council for a more systematic procedure of appointing Judges should be considered by the Government. If the members of the Judiciary has the courage, they should submit a memorandum to the Government on such a critical and important issue. The procedure must be at the very least withstand the test of fairplay and accountability. As it is now, the perception given is that the PM can do as he pleases without regard to what is the provision in the Federal Constitution.If the Head of Government himself does not have any respect for the Federal Constitution, that spells the end of our Rukunegara which forms the basis of our belief in our democratic principles. We must not allow our democracy to degenerate to kleptocracy. Woe betide us if such a disaster befall our nation.