Incidents such as Court of Appeal judge Hamid Sultan Abu Backer two years ago being reprimanded by a top judge for writing a dissenting judgement in the M Indira Gandhi case, would not be allowed to repeat under the new government.
Deputy Minister in the Prime Minister's Department in charge of law, Hanipa Maidin said he has read Hamid's speech and described the judge as having been very daring indeed, and should not have been reprimanded for purportedly showing judicial activism.
"I would say such an incident was unnecessary and very unfortunate. It brought disrepute to our judiciary, and in turn, the notion of judicial independence.
"But rest assured, that was history. Our new Malaysia under the helm of our present chief justice Richard Malanjum, in whom I sincerely believe, would bring back our judicial independence to its glory again, God willing," he told Malaysiakini when contacted.
On Thursday, it was reported Hamid at an international law conference claimed as soon the Indira Gandhi judgement was released two years ago, a top judge had called up the entire panel of judges (coram) in the case and severely reprimanded him, accusing him of judicial activism.
"Not only that, but he started throwing tantrums (directed) at me in an uncivilised manner.
"I stood my ground. My response to that top judge was that I do not have to defend my judgement, and I will not be cowed to act against my oath of office.
"This incident created a long-term, strained relationship with that judge," he said, without revealing who the top judge was.
As a result of the judgement, Hamid claimed, he was not assigned to hear cases involving public interest and those related to the constitution.
Yesterday, two former senior judges - former Federal Court judge Gopal Sri Ram, and former Court of Appeal judge Mohd Hishamudin Mohd Yunus - suggested a tribunal or a royal commission of inquiry (RCI) be formed to look into Hamid's allegation, which both described as very a serious one.
To this, Hanipa said his ministry is open to any ideas, be it the formation of an RCI, tribunal or any idea that can improve the image and reputation of the judiciary. - Mkini
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