A group of PKR MPs, led by the party’s former deputy president Rafizi Ramli, has called for a Royal Commission of Inquiry (RCI) into what they believe may be a new judicial appointments scandal, reminiscent of the VK Lingam episode.
The lawmakers are urging the RCI to investigate the following allegations:
- That the government failed to act on nominees proposed by the Judicial Appointments Commission (JAC), resulting in critical vacancies.
- That the JAC, before the retirement of Tengku Maimun Tuan Mat as Chief Justice, had recommended candidates for both the Chief Justice and Court of Appeal President posts to Prime Minister Anwar Ibrahim, but no action was taken.
- That the JAC was summoned last Friday without the required 10-day notice to propose new candidates.
- That the JAC had previously summoned a Federal Court judge to respond to allegations of judicial interference.
The fourth point is linked to a leaked police report filed by the judge’s aide after receiving questions from Malaysiakini about the interference claims.
Rafizi explained that an RCI would have broader scope than a tribunal under Article 125(3) of the Federal Constitution, which can only examine allegations against the Federal Court judge in question.
“Just as PKR once demanded and supported an RCI during the VK Lingam scandal, we now propose one to look into these allegations,” Rafizi said.
“I’m aware that Dr Mahathir Mohamad and some opposition leaders have called for a tribunal. But the Constitution limits a tribunal to specific allegations. An RCI can address wider concerns.”
Rafizi stressed the importance of due process: “Some may ask, ‘What’s the fuss over the 10-day notice?’ But this concerns the judiciary and the Constitution. If a senior judge is appointed through a meeting not held in accordance with legal procedures, the appointment can be challenged—and so can the decisions made thereafter.”
Tengku Maimun retired as Chief Justice on July 2 after not being granted a six-month extension. Chief Judge of Malaya Hasnah Hashim, who is currently serving a six-month extension post-retirement, is acting Chief Justice in the meantime.
Free Malaysia Today, citing sources, reported that Hasnah summoned the JAC for an urgent meeting last Friday.
The VK Lingam scandal emerged from a 2002 video showing the lawyer allegedly boasting of his influence over judicial appointments. The controversy led to public outrage and the creation of the JAC in 2009.
MPs backing the RCI call include Rafizi (Pandan), Nik Nazmi Nik Ahmad (Setiawangsa), Wong Chen (Subang), Rodziah Ismail (Ampang), Zahid Hassan (Wangsa Maju), Bakhtiar Wan Chik (Balik Pulau), Syed Ibrahim Syed Noh (Ledang), S Kesavan (Sungai Siput), and Onn Abu Bakar (Batu Pahat). Kesavan and Onn were absent from the press conference.
In addition to the RCI, the lawmakers will formally request the Parliamentary Special Select Committee on Institutional Reforms to investigate the issue, including summoning Anwar to testify.
They argue that appointments should be made based on Tengku Maimun’s recommendations prior to her retirement, and no new nominations should proceed until the RCI and parliamentary probe are completed.
The group plans to launch a public petition and hold forums to raise awareness, while also seeking support from fellow MPs.