'Judges better off judging song bird contest with Art 121(1)'

PAS vice president Mahfuz Omar said as long as the controversial amendment made to Article 121 of the Federal Constitution was not reviewed, the judiciary would continue to be subservient to the executive.

"The failure to return this cardinal principle in the country's institution of judiciary would result in continued fear among judges of the executive powers," the Pokok Sena member of parliament told Dewan Rakyat yesterday.

According to Mahfuz, the climate of fear among judges could still be felt.

"If this is the case, these judges are better off judging a bird singing contest," quipped Mahfuz in his trademark humour.

Earlier, former chief justice Mohd Dzaidin Abdulah accused former prime minister Dr Mahathir Mohamad of causing the courts in the country to be subservient to political leaders, pointing out to the latter's controversial amendment to Article 121(1) in 1988.

This was followed by an admission by minister in the Prime Minister's Department Nazri Aziz of the judiciary's loss of independence during Mahathir's tenure.

Mahfuz said in order to empower the country's judges, Article 121 should be restored.

"This provision is crucial for the separation of powers," he added, and described the so-called judicial reforms as 'cosmetic'.

Critics have pointed out that the 1988 amendment removed the phrase “the judicial power of the Federation shall be vested in two High Courts” from Article 121, which gave judicial power of the federation to the judiciary.

Dr Mahathir had however strongly denied the claims, saying judiciary remained independent with or without the amendment.

-harakahdaily