Matter must be handled in accordance with the Federal Constitution.
As calls grow for a Royal Commission of Inquiry (RCI) into alleged judicial interference, Istana Negara has issued a rare statement, cautioning all parties not to politicise the appointment of top judges.
The palace stressed that judicial appointments are a crucial matter of state and must be managed with care and integrity in accordance with the Federal Constitution.
Referring to Article 122B of the Constitution, the palace reminded that the appointment of judges to the superior courts is made by the Yang di-Pertuan Agong, based on the advice of the prime minister and after consultation with the Conference of Rulers.
“This provision clearly reflects the principle of checks and balances within the country’s judicial system.
“The Judicial Appointments Commission (JAC) Act 2009 (Act 695) outlines the process of selecting judicial candidates. However, the power to advise the Yang di-Pertuan Agong lies with the prime minister.
“Matters of appointment under the Federal Constitution must be handled lawfully so that the exercise of power by the Yang di-Pertuan Agong is not politicised by any party,” the statement read.
On Monday, nine PKR MPs led by Pandan MP Rafizi Ramli called for the establishment of an RCI and urged the Parliamentary Special Select Committee on Institutional Reforms to investigate claims of judicial interference.
They alleged the government failed to act on JAC recommendations before the retirement of former chief justice Tengku Maimun Tuan Mat, including nominations for chief justice and Court of Appeal president.
They also questioned the legality of a recent JAC meeting held last Friday, reportedly called without the mandatory 10-day notice period.
Rafizi likened the current situation to the VK Lingam scandal, referring to a 2002 phone recording that exposed attempts to influence judicial appointments.
The Attorney-General’s Chambers later downplayed the concerns raised by the PKR lawmakers and described comparisons to the VK Lingam case as unwarranted.
The Malaysian Bar, meanwhile, is organising a “Walk to Safeguard Judicial Independence” next Monday. The 2.6km march will begin at the Palace of Justice and end at the Prime Minister’s Office in Putrajaya, where the Bar will deliver a memorandum demanding action to protect judicial independence.
Yesterday, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said confirmed that the Cabinet had discussed the vacancies for the positions of chief justice and Court of Appeal president.
She said the appointments would be made in accordance with the Federal Constitution and added that the government is fully aware of public concerns surrounding the issue.