Dr M says ex-CJ’s claims about cowed judiciary a lie

By Yow Hong Chieh

February 13, 2012

KUALA LUMPUR, Feb 13 — Tun Dr Mahathir Mohamad has called a former chief justice’s claim that the courts are subservient to politicians due to constitutional amendments made during his tenure a lie.

Dr Mahathir said the claims are ‘unfounded’. —File pic

“That’s slander, but I won’t sue them. That whole gang, they make unfounded accusations,” the former prime minister said after attending a Muslim Welfare Organisation of Malaysia (Perkim) meeting today.

“There was no such provision. If I had power, I would’ve replaced a lot of people if I could... It was the King who wanted (Tun) Salleh Abas dropped.”

Former Chief Justice Tun Mohd Dzaiddin Abdullah said on Saturday that the judiciary has become subservient because Dr Mahathir clipped its wings in the 1980s when he amended Article 121 of the Constitution.

“As a result of the amendment, the judicial powers of the courts were removed and they have only such judicial powers as Parliament gives,” he had said.

Mohd Dzaiddin, who once headed the country’s courts, said the amendment was repugnant “because Parliament attempted to dictate to the judiciary that it only has judicial powers which Parliament itself says the judiciary has”.

“This alters in my view in a very fundamental manner the basic structure of the Federal Constitution, from the concept of the independence of the judiciary to dependence of the judiciary on the executive for its judicial powers.”

He added that the judiciary should be completely independent of both the executive and legislative arms of government and stressed that the courts should not be used as a tool for political expediency.

Mohd Dzaiddin pointed out that Dr Mahathir’s clashes over the roles of the two arms of government with then-Lord President Tun Salleh Abas had lead to the latter’s sacking in 1988.