A Gloomy Past

Friday, September 1, 2006

A judge was sacked from the top position of judiciary 18 years ago. With him, another 2 apex court judges were also sacked from their office. The event was so controversial as it is still being debated, whether the judges were rightly and justly sacked from their office.

Responding to this matter, a retired Chief Judge Of Malaya, Tan Sri Anuar is of view that the matter shall be reviewed, for the benefit of the public, so the public confident on our court can be revived.

A retired Court of Appeal judge, Datuk Shaik Daud Ismail,is of opinion that the epidemic of non confidence in judiciary emerged after the sacking of the 3 judges of the apex court. Datuk Shaik Daud in his farewell speach in 2002 said,

'It used to be that the tinting of judges' cars was for my security but now I say it is to hide my embarrassment.'

Such feeling emerges as result of public non confidence on the judiciary.

The victim of the vexious action himself, Tun Salleh Abas had broke his 18 years silence by his call for the matter to be reviewed. He called for amendment of article 121 of the Federal Constitution, where the vesting clause shall be reinstated, as it was before the article is amended in. The hardest thing to hear is the fact that this person who was the Head of the judiciary is disillusioned with the law. Worst than that, a very learned and notable person who his passion about law is widely known and once a Supreme Court judge, Tan Sri Eusoffe Abdoolcader was also disillusioned with the law and such had cost his life.

One of the greatest architects of our judiciary, the late Tun Suffian Hashim once expressed his view that the 1988 crisis had destroyed the values that was embedded in the judiciary, which had prop up the prominent reputation of the judiciary as it was before the crisis. Many people refer to the pre 1988 judiciary as the golden age of the judiciary, where the organ was led by Tun Suffian Hashim, Raja Azlan Shah (as His Majesty then was) and lastly Tun Salleh Abas.

Why must we look at the past? It is because the past had made what we are today...


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