CJ Tengku Maimun real ‘servant of the constitution’, says ex-judge

 

Chief Justice Tengku Maimun Tuan Mat was in the minority in four Federal Court cases, which was a rare occurrence, says Gopal Sri Ram.

PETALING JAYA: A former judge has observed that Chief Justice Tengku Maimun Tuan Mat appears to be “the only man in the Federal Court ” when it comes to constitutional cases.

Gopal Sri Ram said Tengku Maimun, the first woman to be appointed to the post, had displayed the trait that she was no one’s servant but “only the servant of the Federal Constitution” in her judgements on such cases.

“I think she is the best man for the job. We are very lucky to have her. She is very competent. She is decisive (and) knows what she is doing,” Sri Ram said in an interview with the editorial committee of the Penang Bar’s internal news bulletin, Voix D’ Advocat.

Tengku Maimun was appointed Federal Court judge in November 2018, and was made the top judge of the nation six months later.

Gopal Sri Ram.

In the interview, Sri Ram, a former Federal Court judge, admitted that initially he had been slightly sceptical of Tengku Maimun’s capability and courage when she was appointed.

“The Malaysian Bar should, and must be, 100% supportive of our current chief justice in her efforts,” he said, adding that he would have enjoyed sitting on the panel led by Tengku Maimun.

FMT’s check on judgments relating to constitutional issues where Tengku Maimun, 60, chaired the bench revealed she ended up being in the minority in four cases, which was a rare occurrence.

Last month, she was in the minority together with judge Rhodzariah Bujang in holding that Section 4(1) of the Prevention of Crime Act 1959 (Poca) was unconstitutional as it removed the judicial power of the court and violated the doctrine of separation of powers.

However, judges Vernon Ong Lam Kiat, Zaleha Yusof and Hasnah Mohammed Hashim held as constitutional Section 4(1) of Poca, which lays down the procedures on the granting of remand orders by magistrates.

In the interview, Sri Ram, who was called to the Bar in 1970 and appointed straight as a judge of the Court of Appeal in 1994, said during his time on the bench he endeavoured to “make sure the streams of justice flowed pure and swift”.

Sri Ram, 77, who retired in early 2010 but returned to private practice, is known to deliver ex tempore (on the spot ) judgments, embodying the principle that justice delayed is justice denied.

He also said he was disappointed with young lawyers bringing public interest cases to the court.

“You must file the action. The judiciary is like a powerful cannon … you must, first of all, arm it and then trigger it. It doesn’t work by itself. It’s like your motor car, you have to start it.”

He said lawyers must work hard and arm themselves with knowledge.

“As your brain grows richer, so will your pocket. Knowledge is the greatest power.” he said.

For aspiring lawyers who wish to be on the bench, Sri Ram said one must commit and be “absolutely in love” with the law.

“The law is a naughty lady. You must pay full attention to her. If you ignore her, she will dump you and throw you into the volcano and go off for you to burn.

“But if you look after her and nurture her, she will take you to the heights, to the sky, and the summit of your profession.” - FMT