Ramkarpal, Muhyiddin call for investigation into claims in leaked JAC minutes
The Bukit Gelugor MP stressed that the investigation should not only determine how the leak occurred, but also to verify the document's authenticity and its contents.
Ramkarpal, who is also the DAP's National Legal Bureau chairman, stressed that what matters most is whether the allegations mentioned in the leaked document, including possible interference in judicial matters, were true.
He noted that the Inspector-General of Police Tan Sri Mohd Khalid Ismail had confirmed that investigations have already begun under three laws, namely Section 8 of the Official Secrets Act 1972, Section 203A of the Penal Code for disclosing information obtained through official duties, and Section 233 of the Communications and Multimedia Act for misuse of network facilities.
However, he expressed concern that the police statement made no mention of whether the serious allegations within the leaked minutes, specifically claims of judicial interference, would also be thoroughly investigated.
'Khalid's statement seems to imply that the said leaked minutes are indeed authentic, which gives rise to the need for investigation under the OSA, making it all the more important to investigate the actual allegations of possible misconduct in the minutes,' he said in a statement on Monday (July 14).
'The said allegations are undoubtedly very serious, as they strike at the very core of the integrity of a key institution in any democracy, namely the Judiciary, and the people have a right to know whether they are true or not,' he said.
He warned that the government must not be seen as complacent or indifferent in this matter, urging that every effort be made to uncover the truth.
Ramkarpal also highlighted the timing of the leak, as several top judicial appointments are expected to take place soon, including those of the Chief Justice, President of the Court of Appeal, and the Chief Judges of Malaya and of Sabah and Sarawak.
He noted that such appointments are made by the Yang di-Pertuan Agong on the advice of the Prime Minister, after consultation with the Conference of Rulers, in accordance with Article 122B(1) of the Federal Constitution.
Therefore, he said, the Prime Minister's advice must be exercised with the utmost caution, especially since one of the judges allegedly implicated in the leaked minutes may be in the running for one of these positions.
'With the greatest of respect, that judge should not be considered for any of the four positions unless and until the allegations are properly investigated and cleared,' he said.
Echoing Ramkarpal's concerns, former Prime Minister Tan Sri Muhyiddin Mohd Yassin also urged that the allegations of misconduct and executive interference be thoroughly investigated.
He stressed that integrity must remain the foundation of judicial appointments, as judges hold immense responsibility in deciding matters of justice that can affect lives and freedoms.
Muhyiddin, who is also Perikatan Nasional chairman, cited Section 23(2)(a) of the Judicial Appointments Commission Act 2009, which outlines integrity, competence and experience as essential criteria for judicial candidates.
The leaked JAC minute dated 16 May 2025 reportedly details concerns raised by a former Chief Justice regarding the conduct of a judge during their tenure as Attorney General.
Among the allegations were attempts to sway a court ruling in favour of a particular party, and requests to transfer a judge deemed uncooperative.
'These are serious claims of abuse of power and interference in the judiciary,' Muhyiddin said in a statement on Monday.
He added that if the judge implicated in the document is allowed to advance without due scrutiny, it would undermine the credibility of the appointment process and erode public trust.
'There is a reasonable concern that personal interests could take precedence over the principles of integrity and justice.
'If such appointments are made under a cloud of suspicion, the damage to the judiciary's credibility will be profound,' he warned.
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Free Malaysia Today
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From Apandi Ali It is laughable, if not deeply ironic, that a group of MPs, the Malaysian Bar, and civil society figures are now calling for a royal commission of inquiry, petitioning the prime minister and organising walks for justice and public forums all because they fear the prime minister may appoint senior judges without strictly following the names recommended by the Judicial Appointments Commission (JAC). Even more amusing is their insistence that the top judicial vacancies must be urgently filled despite the fact that no legal or constitutional deadline mandates immediate appointment. Let's be clear: this hysteria is entirely based on a hypothetical scenario, one that has not even materialised. According to Section 27 of the JAC Act, the prime minister is perfectly entitled to request two more names for any judicial vacancy, including the offices of the chief justice, president of the Court of Appeal, and other top positions. The law allows room for executive discretion in such appointments. Section 27, titled 'Request for further selection by the prime minister', says the 'prime minister may, after receiving the report under Section 26, request for two more names to be selected and recommended for his consideration'. Even former Court of Appeal judges – the late Gopal Sri Ram, Hishamudin Yunus, and Mah Weng Kwai – publicly stated that the prime minister is not bound to accept the JAC's recommendations. In 2018, they noted that the Federal Constitution, being the supreme law, overrides the JAC Act. Mah, for example, plainly said: 'The JAC makes recommendations to the prime minister, who may decide not to agree with the proposals.' Where are these same voices now, when the media circus rages over a potential decision that has not even been made? The deafening silence over real violations What makes this sudden outrage even more disingenuous is the utter silence over actual, proven breaches of the JAC Act and the Federal Constitution. These are not speculative concerns, but documented in the government-declassified special task force (STF) report on allegations made by former attorney-general Tommy Thomas in his book 'My Story: Justice in the Wilderness'. This STF was approved by the Cabinet on Dec 22, 2021 and comprised respected legal experts, including Fong Joo Chung as the chair besides members Hashim Paijan, Junaidah Kamarruddin, Jagjit Singh, Shaharudin Ali, Balaguru Karuppiah, Farah Adura Hamidi, and Najib Surip. The report uncovered staggering facts. In July 2018, the names appointed to the highest judicial offices – Richard Malanjum as chief justice, Ahmad Maarop and Zaharah Ibrahim as Court of Appeal president and David Wong Dak Wah as chief judge of Sabah and Sarawak — were not those selected by the JAC in its meeting on May 24, 2018. Instead, they were names privately agreed upon between then prime minister Dr Mahathir Mohamad and attorney-general Tommy Thomas, bypassing the mandatory processes. The JAC's recommended names on May 24, 2018 were Azahar Mohamed for chief justice, Rohana Yusuf for Court of Appeal president, and Abdul Rahman Sebli for chief judge of Sabah and Sarawak. Yet, these names were discarded, and there was no evidence that Mahathir ever requested additional names under Section 27 of the JAC Act as required. According to the STF report: 'If the prime minister disagreed with the above selection and recommendation of the JAC, pursuant to Section 27 of the JAC Act, he should have requested for more names for each of the vacant judicial positions. There is no evidence before the STF that he had made such a request. 'Instead, from the report of Bahagian Kabinet, Perlembagaan dan Perhubungan Antara Kerajaan, the names submitted by the prime minister when he tendered his advice to the Yang di-Pertuan Agong under Article 122B were the names discussed and agreed upon between the prime minister and attorney-general.' Worse, the STF found that no consultation was held with the chief ministers of Sabah and Sarawak before appointing Wong as chief judge of Sabah and Sarawak – a direct violation of Article 122B(3) of the Federal Constitution. This wasn't merely an administrative oversight, but a constitutional breach. The same pattern emerged in 2019, when the JAC in its meeting on Jan 17, 2019 initially selected Ahmad for chief justice, Wong for Court of Appeal president and Tengku Maimun Tuan Mat for chief judge of the High Court in Malaya. After the prime minister requested two additional names, the JAC in its meeting on April 5, 2019 revised its list and put forward these names: Tengku Maimun and Azahar for chief justice Azahar and Rohana for Court of Appeal president Rohana and Azahar for chief judge of the High Court in Malaya The final names eventually accepted were Tengku Maimun as chief justice (despite being junior), Rohana as Court of Appeal president, and Azahar as chief judge of Malaya. Again, the irony is thick. Those who now cry foul over possible junior appointments were silent – if not supportive – when Tengku Maimun, a comparatively junior judge at the time, was appointed chief justice. Where was the outrage then? A convenient crusade for 'judicial integrity'? It is even more comical that Mahathir – the very person who subverted the JAC process in 2018 and 2019 – is now positioning himself and his allies as the guardians of judicial independence. Even some lawyers today are openly rooting for a specific candidate to be appointed chief justice, undermining their own calls for neutrality and due process. This hypocrisy recalls the cautionary words of former chief justice Abdul Hamid Mohamad, who once criticised proposals by Zaid Ibrahim in 2008 (then minister in the Prime Minister's Department) to create a JAC dominated by practising lawyers. He warned that it would 'give these lawyers an unfair advantage besides damaging the integrity of the court. Judges will kneel to the lawyers!' And now, that prophecy seems to be unfolding before our eyes with segments of the legal fraternity actively lobbying for appointments while masquerading as defenders of institutional integrity. 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