Latest news with #Judicial

Former Bar president calls to amend JAC Act to give 'meaningful interpretation'

New Straits Times

15-07-2025

Politics
New Straits Times

Former Bar president calls to amend JAC Act to give 'meaningful interpretation'

KUALA LUMPUR: The government should amend the Constitution to give the Judicial Appointments Commission (JAC) Act 2009 greater legal weight in the appointment of judges, says former Malaysian Bar Council president Salim Bashir. He said while the JAC Act 2009 had set out the procedural framework for judicial selections and recommendations, it should be given a "meaningful interpretation". "JAC Act 2009 is a federal law enacted under legislative power by virtue of Article 132(1)(a) of the Federal Constitution. "Though it sets out a procedural framework for selections of judges and recommendations, it should be given a meaningful interpretation that its existence is to complement the constitutional discretion bestowed under Article 122B(1) to the prime minister for recommendations and His Majesty for the appointment of judges. "Otherwise, it will certainly render the law redundant, repugnant to its objective and stamp absurdity to the working of rule of law and independence of judiciary," he said. Yesterday, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said that the JAC Act was not a binding provision in the appointment of judges. She said that such appointments were ultimately governed by Article 122B of the Federal Constitution, which empowered the prime minister to advise the Yang di-Pertuan Agong and the Conference of Rulers. She added that the JAC's role was to screen, assess and recommend names of judicial candidates, but its recommendations were not final or binding. Salim said if the government believes that the JAC Act did not provide any binding effect on the appointment of judges, then it should move to amend the Constitution. "Her (Azalina) statement has given impetus for legislative changes, and the government should consider amending the Constitution to give effect to the JAC Act on the appointment of judges. I am sure legislative members will render their support." Meanwhile, criminal lawyer Datuk Geethan Ram Vincent agreed with Azalina's constitutional interpretation, but cautioned against overlooking the JAC's intended role. "Yes, this is correct. Under Article 122B of the Federal Constitution, the prime minister retains full authority to advise the Yang di-Pertuan Agong on judicial appointments. The JAC can recommend, but not decide. "Despite lacking binding authority, the JAC serves important functions. It provides professional vetting of candidates, ensures some degree of transparency in appointments and maintains records of the selection process. "Even though its recommendations are not binding, the JAC acts as an important institutional check against arbitrary or political appointments." Geethan said the JAC's primary task was to review potential judges based on their experience, skills and professional conduct. "They interview candidates and then suggest names to the prime minister. Although the JAC thoroughly documents the selection process, it has no authority to compel the prime minister to accept its recommendations or to require any explanation if they are disregarded. "In essence, the JAC handles the groundwork but holds no real influence over whether its suggestions are acted upon." He added that while Azalina's remarks were technically accurate, they failed to address the broader issue of judicial independence. "While Azalina's remarks are technically accurate regarding the constitutional framework, they overlook the original intent behind creating the JAC to reduce political influence in judicial appointments. "Her statement reflects the current legal reality but fails to address whether this system adequately protects."

JAC Act Not Binding In Judge Appointments

Barnama

13-07-2025

Politics
Barnama

JAC Act Not Binding In Judge Appointments

KOTA TINGGI, July 13 (Bernama) -- The Judicial Appointments Commission (JAC) Act 2009 does not carry binding authority in the appointment of judges, said Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said. She said the Act's main role is to screen, evaluate and recommend candidates to the Prime Minister, while appointments to the Federal Court, Court of Appeal, and High Court must still follow Article 122B of the Federal Constitution. 'The JAC Act is not a final step in the appointment process. It only recommends names, and these recommendations are not binding. 'For JAC's role to be legally binding, the Constitution would need to be amended,' she told reporters after officiating the 22nd Pengerang UMNO Division Delegates Meeting today. Azalina also cited a previous explanation by former Minister in the Prime Minister's Department, Datuk Seri Mohamed Nazri Abdul Aziz, who clarified in Parliament that the JAC Act is an administrative provision and does not have binding legal effect. On the planned march by the Malaysian Bar tomorrow, Azalina said it is within their democratic right, as long as it is carried out professionally and within the boundaries of the law. 'If they want to march, that is their right. As lawyers, I believe most of them are professionals who understand Article 122B and the JAC Act 2009,' she said. Meanwhile, Azalina said that the appointment of a new Chief Justice will only be decided after the 269th Conference of Rulers, scheduled to be held from July 15 to 17. Yesterday, Muslim Lawyers Association (PEMBELA) chairman Datuk Zainul Rijal Abu Bakar urged for the appointment process to be expedited, citing the recent and upcoming retirements of several senior judges.

[UPDATED] AGC: Allegations of irregularities in judicial appointments unfounded, speculative

New Straits Times

08-07-2025

Politics
New Straits Times

[UPDATED] AGC: Allegations of irregularities in judicial appointments unfounded, speculative

KUALA LUMPUR: The Attorney-General's Chambers (AGC) has dismissed allegations of irregularities and delays in judicial appointments, saying that such claims must be assessed within the framework of the Federal Constitution. Responding to public statements made by Datuk Seri Rafizi Ramli and several other PKR members of Parliament yesterday (July 7), the AGC said the prime minister cannot be viewed merely as a conduit for recommendations from any party, as he holds a constitutional responsibility to advise the King on judicial appointments. This duty, the statement said, is essential to safeguard the independence, credibility and integrity of the judiciary. The AGC added that the King had consented to the appointment of several High Court and Court of Appeal judges last month, but that these appointments were still undergoing necessary formalities. "Such appointments must be conducted with proper order and decorum," it said. Addressing claims that a Judicial Appointments Commission (JAC) meeting had been convened without sufficient notice, the AGC said that under Section 13(2) of the Judicial Appointments Commission Act 2009 (Act 695), the JAC is empowered to regulate its own procedures. In urgent circumstances, meetings can proceed with short notice if all members agree. "Procedural matters should not invalidate the JAC's deliberations unless there is clear evidence of mala fide intent or prejudice," it added. The AGC also addressed a serious allegation involving a Federal Court judge allegedly influencing judicial decisions and judge reassignments. It said deliberations within the JAC are legally protected and remain confidential, and such claims cannot be equated with proven misconduct or taken as a threat to judicial independence. "These remain premature and purely speculative allegations," it said. The AGC added that comparisons with the 2007 VK Lingam case were unwarranted, as that case involved clear evidence of interference, which led to the formation of a royal commission of inquiry (RCI). "In contrast, the current situation is based merely on unsubstantiated claims," the AGC said. Yesterday (July 7), nine PKR MPs called for an RCI to investigate what they claimed were alleged irregularities in the appointment of senior judges, including the Chief Justice. He claimed that nominations for the positions of Chief Justice and President of the Court of Appeal had already been decided by the JAC before the retirement of Tun Tengku Maimun Tuan Mat and submitted to the prime minister, but the appointments were not made, resulting in the current vacancies. He also claimed a JAC meeting was called last Friday without adhering to the required 10-day notice period, allegedly to renominate candidates for the vacant positions. Led by Pandan MP and former PKR deputy president Rafizi, the group said they would formally request that proceedings and an inquiry be conducted by the Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform, including top government officials to testify. "The Parliament, as an independent legislative body, must play a key role in safeguarding the independence of the judiciary," he said in a special press conference. Rafizi outlined four issues surrounding the judicial appointment controversy which are now circulating in the public domain that require clarification from the government. This includes that in the appointment of new judges (whether to the High Court, Court of Appeal, or Federal Court), nominations submitted by the JAC to the government were not acted upon in a timely manner, leading to urgent vacancies.

Juvenile POCSO offenders sentenced to community service in Telangana

New Indian Express

26-06-2025

New Indian Express

Juvenile POCSO offenders sentenced to community service in Telangana

HYDERABAD: In a molestation case registered in 2024, a group of three teenagers has been sentenced to one year of community service by the V Additional Chief Judicial Magistrate (ACJM) of Nampally. The court directed the juveniles, classified as Children in Conflict with Law (CCLs), to serve their sentence at a government facility in Gajularamaram. According to the court order, the CCLs must perform community service under Section 18(1)(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The service will be carried out on the second Saturday of every month from 10 a.m. to 5 p.m., starting July 12, 2025, for a period of one year. The work will take place at the premises of the Special Home, Gajularamaram, Hyderabad, under the supervision of the superintendent. The case was booked under Sections 506 and 11 read with Section 12 of the Protection of Children from Sexual Offences (POCSO) Act. The second accused (CCL) has been exempted from physical community service due to health reasons and was instead directed to undergo counselling under Section 18(1)(a) of the Juvenile Justice Act. He has been allowed to return home on the condition that he continues his studies in Intermediate Second Year for the academic year 2025–2026, and is required to submit his hall ticket in February 2026 without fail.

Hans India

09-06-2025

Health
Hans India

Call to make Eluru a drug-free district

Eluru: District collector K Vetriselvi has called upon everyone to be a part of the goal to make Eluru a drug-free district. Along with district Superintendent of Police K Pratap Siva Kishore, she presented prizes to the winners of the two-day cricket competition organised as part of the Nasha Mukt Bharat Abhiyan awareness programme at the Ashram Hospital playground on Sunday. Speaking on the occasion, she appealed to the youth not to indulge in drugs which can ruin their bright future. If they are not addicted to drugs, they can reach a higher level in life. Awareness programmes are being conducted on the ill-effects of drug use as part of the Nasha Mukt Bharat Abhiyan. Drug use leads to serious social, mental and physical problems. Keeping this in mind, the central and state governments are undertaking various programmes under the Nasha Mukt Bharat Abhiyan to combat drug abuse. Information related to drug abuse can be reported to the toll-free numbers 1972 and 14446. Along with education, the youth should also give priority to sports. The Collector said that sports provide physical and mental development and also help in staying away from addictions like drugs. Superintendent of Police Pratap Siva Kishore said that everyone should be aware of the problem of drug use. Drug use leads to an increase in the crime rate and also has a detrimental effect on the society as a whole, and in view of this, a multi-faceted movement should be taken up to solve this problem. He said that the youth should especially focus on education instead of getting involved in drugs. He said that the 'Eagle' teams and the police department are jointly conducting various programmes and inspections to inform about the ill-effects of drugs and prevent their use. He said that everyone should have sportsmanship, through which they will gain self-confidence to solve any problem in life. On this occasion, collector Vetriselvi and SP Pratap Siva Kishore presented prizes to the players of the Police team that won first place, the Judicial team that won second place, and the Revenue team that won third place in the cricket competitions. District Revenue Officer V Visveswara Rao, DSDO B Srinivasa Rao, AD of the Department of Welfare of the Differently-abled and Elderly V Ram Kumar, and others participated.