Judgments open to criticism but do it tactfully, advises CJ

Raus Sharif says one should also not simply test outcome of a judicial decision just because of his political beliefs.

PUTRAJAYA: The public can criticise court judgments but it must be done constructively, respectfully and in good faith, Chief Justice Raus Sharif said.

He said one should not simply test the outcome of a judicial decision due to one’s political beliefs.

“This renders it imperative that the critic must have an accurate understanding of the facts, the issues involved and the applicable law,” he said in his speech when officiating the Judicial Year at the International Convention Centre here today.

Raus said he recognised the constitutional right of every citizen to challenge and test the correctness of court judgments through due process.

“We do accept that our judgments are open to criticism by the public at large. However, this must be done constructively, respectfully and in good faith.”

He said the Malaysian judicial system was a self-correcting one and a litigant who was dissatisfied with a decision could appeal.

Raus said even lawyers should be temperate in their reaction and exercise restraint, circumspection and plain good manners before making unwarranted remarks against the judiciary in public debates.

The top judge said judges must be open to criticism but harsh words threatened the foundation of the rule of law and weakened the judiciary in the performance of its constitutional duties.

Raus, whose reappointment as Chief Justice has been challenged in court, said judicial independence was a core element in the cardinal principle of the separation of powers.

He said it was not the function of the judiciary to meddle in matters which were properly within the responsibility of the executive or legislature.

Similarly, he said the bench expected the executive and legislature not to interfere in matters which were within the realm of the judiciary.

He said the public could rest assured that the judiciary would play its constitutional role to check the excesses of the executive and legislature and protect the rights and freedom of the people. -FMT