Interest

Holding public forum to air grievances a better approach

LETTERS: I refer to the media report that the Malaysian Bar will be holding a peaceful protest over ‘judicial intimidation’.

While peaceful protests are guaranteed by constitution subject to the fulfilment of the requirements under the Peaceful Assembly Act, this approach is, however, not appropriate.

Instead, other more viable options should be explored including holding public forums and seminars to raise their concerns or grievances.

It is widely observed that justice should not only be done but manifestly and undoubtedly be seen to be done.

As the representative of the judiciary, judges perform their constitutional function with integrity and independence.

The conduct of judges should be beyond reproach. He should keep away from situations that can prevent him from discharging justice and should avoid all appearance of bias.

However, a responsible and law-abiding citizen has every right to expose any suspected wrongdoing in the judiciary.

The whistleblower protection law however only extends protection to a whistleblower when he discloses the wrongdoings to the designated enforcement agencies such as the Royal Malaysian Police, Royal Malaysian Customs Department, Immigration Department, Malaysian Anti-Corruption Commission, Malaysian Securities Commission, Companies Commission of Malaysia and the Road Transport Department.

Besides, the disclosure must be made in good faith based on honest and reasonable grounds at the material time without necessitating hard evidence from the whistleblower. The whistleblower will be protected even if the allegations he made cannot be fully substantiated.

Any complaints lodged with the abovementioned enforcement agencies involving any members of the judiciary would require a coordination with the Head of the Judiciary to uncover the truth and to preserve and protect the judicial integrity.

Undeniably, public confidence and trust in the judiciary and in the judicial decision-making process is crucial in preserving the rule of law.

Professor Datuk Seri Dr Ashgar Ali Ali Mohamed

International Islamic University Malaysia