Ambiga Sreenavesan has reminded former chief justice Abdul Hamid Mohamad on the need to exercise restraint with regard to his remarks that Islam was under threat in Penang.
The former Bar Council chairperson, who is now with the NGO Negara-Ku, said judges must be careful about their statements even after stepping down as it can affect the judiciary.
"By convention, former judges, even after they step down, are expected to conduct themselves in a particular way," Ambiga said after speaking at a forum in Penang today.
"They must do this so it doesn't reflect badly on the judiciary
"It's like an unwritten rule but in other countries, they actually have guidelines on that," she added, when asked to comment about Hamid’s statement.
The Penang government has dismissed the former chief justice’s claim as "pure nonsense, baseless and heavily reliant on heresay".
Chief Minister Lim Guan Eng questioned why Hamid did not take Gerakan to task when the party blamed the state government under Pakatan Rakyat for giving out more allocations for Islamic activities.
Lim said Hamid should be sent for "counselling" since he cannot prove his allegations, and has taken a political stance favouring Umno in his approach, which is unbecoming of a former chief justice.
'Judges have a special position'
Meanwhile, Ambiga said in any event, judges, serving or retired, do not need rules on how to conduct themselves.
"That's why judges are special and treated specially under the Federal Constitution. They are not like any other employees.
“They are in a special position where you cannot sack them like other employees," she added.
“Given that stature under the constitution, it calls for a certain standard of behaviour, even after they step down," she noted.
Asked if the judiciary would take Hamid to task for his behaviour, Ambiga said it was most unlikely.
"But I suppose it is something the legal community would have to look at," she added.
The former Bar Council chairperson, who is now with the NGO Negara-Ku, said judges must be careful about their statements even after stepping down as it can affect the judiciary.
"By convention, former judges, even after they step down, are expected to conduct themselves in a particular way," Ambiga said after speaking at a forum in Penang today.
"They must do this so it doesn't reflect badly on the judiciary"It's like an unwritten rule but in other countries, they actually have guidelines on that," she added, when asked to comment about Hamid’s statement.
The Penang government has dismissed the former chief justice’s claim as "pure nonsense, baseless and heavily reliant on heresay".
Chief Minister Lim Guan Eng questioned why Hamid did not take Gerakan to task when the party blamed the state government under Pakatan Rakyat for giving out more allocations for Islamic activities.
Lim said Hamid should be sent for "counselling" since he cannot prove his allegations, and has taken a political stance favouring Umno in his approach, which is unbecoming of a former chief justice.
'Judges have a special position'
Meanwhile, Ambiga said in any event, judges, serving or retired, do not need rules on how to conduct themselves.
"That's why judges are special and treated specially under the Federal Constitution. They are not like any other employees.
“They are in a special position where you cannot sack them like other employees," she added.
“Given that stature under the constitution, it calls for a certain standard of behaviour, even after they step down," she noted.
Asked if the judiciary would take Hamid to task for his behaviour, Ambiga said it was most unlikely.
"But I suppose it is something the legal community would have to look at," she added.
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