MCCBCHST seeks clarity on judges' tenure

Herald Malaysia

18-07-2025

MCCBCHST has called on Prime Minister Datuk Seri Anwar Ibrahim to clarify whether he referred the names of three top judges for tenure extensions to the Yang Di-Pertuan Agong, as required under Article 125 of the Federal Constitution. Jul 18, 2025
Prime Minister Datuk Seri Anwar Ibrahim (Photo: Facebook)
KUALA LUMPUR: The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has called on Prime Minister Datuk Seri Anwar Ibrahim to clarify whether he referred the names of three top judges for tenure extensions to the Yang Di-Pertuan Agong, as required under Article 125 of the Federal Constitution. In statement dated July 4, the interfaith council referred to the Prime Minister's recent remarks that procedures must be followed for extending judicial tenures, emphasising that such extensions are not automatic and involve the commission, the Prime Minister, and the King. However, MCCBCHST highlighted that while Article 125 allows for up to a six-month extension beyond the age of 65, the process must be initiated by the Prime Minister and approved by the King — not the Judicial Appointments Commission (JAC), which only handles judicial appointments. The council questioned whether the Prime Minister submitted the names of outgoing Chief Justice Tengku Maimun Tuan Mat, Court of Appeal President Abang Iskandar Abang Hashim, and Federal Court Judge Nallini Pathmanathan for extension. If he did not, they asked why, and what the King's decision was on the matter. MCCBCHST stressed that 'merely outlining the procedure is insufficient' and called for transparency in the actual decisions made, especially given the routine practice of granting brief extensions to allow judges to complete pending judgments. On a separate but related issue, the council expressed strong support for the establishment of a tribunal to investigate allegations of misconduct by a senior judge. According to media reports, the judge was summoned by the JAC in May 2025 to respond to accusations of interference in judicial appointments dating back to 2024. A subsequent police report was filed by a subordinate, who also raised concerns about the alleged leak of sensitive information related to the proceedings. MCCBCHST said the allegations, if true, represent serious judicial misconduct and potentially criminal behaviour under both the Judicial Appointments Commission Act and the Penal Code. Section 34 of the JAC Act provides for penalties of up to RM100,000 in fines or two years' imprisonment for individuals who improperly influence the commission. The council backed calls by the 'Defend Judiciary' Secretariat to establish a formal tribunal under Article 125(3) and (4) of the Federal Constitution. Given that Chief Justice Tengku Maimun's tenure ended on July 1, MCCBCHST said the responsibility now lies with the Prime Minister to advise the King on the formation of the tribunal. 'We urge the Prime Minister to act urgently. He has repeatedly pledged to protect judicial independence and refrain from interference,' the council said in a statement. 'This is the moment to uphold those commitments.'
MCCBCHST also reiterated its hope that public clarification from the Prime Minister will dispel rumours and speculation surrounding the nonextension of the judges' tenure and demonstrate a clear commitment to judicial transparency and accountability.