Sri Ram cautions Federal Court 'wrecking crew' not to dilute constitution

In a hard-hitting speech, former Federal Court judge Gopal Sri Ram stressed that his successors must respect the core tenets of the Federal Constitution.

According to him, there were certain quarters attempting to dilute key constitutional doctrines.

“We should rule that ouster clauses are unconstitutional because they impede on the access to justice, which is a guaranteed fundamental right which even our courts have accepted.

“That proposition is to be found in the (M) Indira Gandhi case that was recently decided (in 2018).

“Although there are members of the constitutional wrecking crew hard at work to try and dilute that decision, I urge everyone to ask the Federal Court to keep its grimy hands off that principle,” he added.

Sri Ram was speaking at a forum entitled “The Judicial Role in Public Administration: Key Values and Principles” at Lawasia's “Constitutional and Rule of Law” conference in Petaling Jaya today.

Speaking to the media later, the former judge claimed there were several sitting justices in the Federal Court who do not believe in the basic structure of the constitution.

“The Federal Court is made up of judges who do not believe in the basic structure doctrine and there are judges who believe in the basic structure doctrine.

“My medical prescription for those who do not believe in the doctrine is that they better get used to it because its already part of our law [...] stop pretending it does not exist,” he added.

Among the tenets that make up the structure of the constitution are the separation of powers between the legislature, executive and judiciary; the special position of the bumiputera; the position of the monarchs and the fundamental liberties accorded to all Malaysian citizens.

Sri Ram, 76, retired as a Federal Court judge in 2016 and returned to practising law.

The Attorney-General's Chambers has since appointed him as the lead prosecutor in the 1MDB-related case against former premier Najib Abdul Razak. - Mkini