Judges on 'probation' was a practice that started after the 1988 Judicial Crisis - in 1990, they introduced the Judicial Commissioners.
Probation for workers are normally about 3 months, but for High Court judges, it can go on for even 5 years.
He referred to the case of High Court judge Vazeer Alam Mydin Meera who was promoted to the High Court only in early 2015, after being on probation for nearly five years.
He was responding to news that seven JCs would be elevated as High Court judges today after being on probation for more than three and a half years.
High Court Judges should be immediately appointed as High Court judges.
Now, we all know that the Prime Minister is the one with the power of choosing judges as the King appoints on the PM's advice...
So, is this 'probation' during which they are now called 'Judicial Commissioners', really meant to see whether these are the kind of judges the present government(or the PM likes) likes - Is it to ensure that only those who may be 'pro-government' or are open to suggestions from the government are appointed High Court judges?
Would 'Judicial Commissioners' be absolutely FREE to make judgments/decisions as Judges...or will some consider whether their decisions may jeopardise their speedy appointment? Why are some Judicial Commissioners made Judges before 2 years...and others maybe after 5 years?
“…At least five Judicial Commissioners (JCs) were not elevated to High Court Judges over the last five years because they failed to meet the criteria of the Judicial Appointments Commission (JAC).Chief Justice Arifin Zakaria, who is also JAC chairman, declined to offer more specific reasons why the judges on probation failed to make High Court judge….Arifin said the JAC met once a month to evaluate the JCs who were on probation for two years.’ (FMT News, 27/3/2017).
The time has come to abolish Judicial Commissioners - and appoint them immediately qualified persons as High Court Judges..
We do not have probation for Inspector General of Police, MACC Chief, EC Chief - so why for High Court Judges..
Remember that a Judicial Commissioner now has the same powers as a High Court Judge... but his/hers independence is not guaranteed by security of tenure. So, it may be possible that until they be appointed High Court judges, they may 'judge' in a way that will not jeopardize their appointment as High Court Judges. Although, this may not be the case and all Judicial Commissioners act independently and justly with no consideration whatsoever whether their decisions will impact on whether they will or not be appointed Judges...or whether they will speedily be appointed Judges or their appointment will be delayed for years...
The above are possibilities - but it will affect the public perception of the Malaysian Judiciary, in my opinion.
As such, maybe time to abolish Judicial Commissioners and straight away appoint High Court Judges, that will have all the safeguard including security of tenure until the mandatory retirement age.
Don’t put potential High Court judges on probation, Sri Ram urges JAC
PETALING
JAYA: A retired judge has urged the Judicial Appointments Commission
(JAC) to appoint senior lawyers as judicial commissioners (JCs) to clear
outstanding cases.
They can return to practice upon completing their tasks, says Gopal Sri Ram.
He said the current practice of appointing JCs from among lawyers and
those in the judicial and legal service and placing them on probation
does not augur well for the judiciary.
“Judges are not law clerks to be put on probation before being
elevated. They must enjoy security of tenure to decide cases without
fear or favour,” he told FMT.
He was responding to news that seven JCs would be elevated as High
Court judges today after being on probation for more than three and a
half years.
Sri Ram, who was the first judge to be promoted directly to the Court of Appeal in 1994, said the trial period was too long.
He said many had forgotten that JCs were originally appointed to
dispose of a huge number of cases and would return to practice after
completing their task.
He said an amendment to the constitution in 1976 vested power in the then-lord president to appoint JCs to clear the backlog.
Among those appointed to carry out the task then were Raja Aziz
Addruse, Chan Hua Eng, S Jeyadeva, Abdullah A Rahman and RTS Khoo.
Sri Ram said the system was brought to a halt but that the
appointment of JCs on a trial basis began in the early 1990s with the
goal of elevating them as High Court judges.
He referred to the case of High Court judge Vazeer Alam Mydin Meera
who was promoted to the High Court only in early 2015, after being on
probation for nearly five years.
“He was fiercely independent and paid the price because he ruled against the then-attorney-general in a civil suit,” he said.
Sri Ram said the opposite could also happen where JCs decide on cases
for the establishment in the hope of getting confirmed as soon as
possible.
Former Malaysian Bar president Ragunath Kesavan said the maximum
probation period for JCs should be two years as declared by former chief
justice Richard Malanjum before he retired in April.
“However, the present chief justice, Tengku Maimun Tuan Mat, who is
also the JAC chairman, must inform the public whether the trial period
remains or is shortened,” he said.He also said JAC must be more transparent in revealing the criteria for appointments.
“One JC never went to court as that person was merely a corporate research officer in a legal firm,” he said.
He also called for a balance of JCs appointed from among lawyers and those coming from the service.
“At the moment, the numbers from the service are overwhelming and could affect the quality of justice,” he said. - FMT News, 8/8/2019
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