1988 Judicial Crisis: Remove their burden and set them free

1988 Judicial Crisis: Remove their burden and set them free

19 April, 2008

Aliran welcomes the Prime Minister’s announcement that a Judicial Appointments Commission will be appointed so that the nomination, appointment and promotion of judges will be carried out in a ‘transparent and representative manner’.

This is something civil society has been fighting for ever since the Judicial Crisis of 1988. This is a positive move to redeem the judiciary that has been rotting in the doldrums these past 20 years.

Indeed, it was the Barisan Nasional that destroyed the judiciary in its desire to make it subservient to the Executive. In this scheme of things, questionable judges were appointed and promoted so that they would be beholden to the Executive.

We have witnessed shocking judgments that denigrated the judiciary and bewildered litigants who had turned to the judiciary in seeking justice. How can we reconcile ourselves to the fact that deserving litigants were robbed of their just dues because of a corrupted judiciary? Who will undo these wrongs and bring to justice the dubious judges who had betrayed their oath of office to uphold justice?

In referring to the 1988 Judicial Crisis, the Prime Minister openly acknowledged the revered stature of the judiciary then. He mentioned, “Many felt that the judiciary then was a venerable institution which could be trusted to deliver justice. Some even hailed Malaysia’s judiciary as a model for other countries – independent and credible.”

Indeed our judiciary had such a high standing in the international community that our judges were greatly respected. Some of their judgments stand as landmark decisions to this day and are looked upon as truly great judicial pronouncements.

The six judges who were victims of a political plot to subjugate the judiciary in 1988 were men of integrity, representing the best traditions of the judiciary. Three of these brave and honest judges were unjustly sacked only because there were judges who were willing to do the bidding of the Executive. The Executive thought that it could sully the names and tarnish the reputation of these upright judges its wicked scheme to achieve its political aim of turning the judiciary into a convenient tool to serve it. This it achieved and that is why in these last 20 years the judiciary has lost its lustre and integrity as an institution serving the cause of justice.

The Prime Minister is aware of the outstanding qualities of these judges when he stated, “...the government would like to recognise the contributions of these six judges to the nation, their commitment towards upholding justice....”

Then why were these judges of sterling qualities convicted by a farcical tribunal? It has always been Aliran’s stand that they were wrongly and falsely charged and convicted by a kangaroo court. We want this wrong to be undone and the injustice to be exorcised. We want them to be rescued from the shameful episode of the past so that they can heave a sigh of relief and say, “Free, at last!”

To achieve this it is necessary to revisit the past to put things right. We have to re-examine - this time through a Commission of Inquiry – the circumstances surrounding the crisis to verify that the charges levelled against the six judges were without merit and that the composition of the tribunals itself was a travesty of justice. Aliran totally disagrees with the Prime Minister’s contention, “I do not think it wise or helpful to revisit past decisions as it would only serve to prolong the sense of crisis – something our nation can do without.”

You are wrong, Mr Prime Minister. These judges have suffered long enough. The pain and anguish that they and their family had to undergo and endure cannot be compensated by ex-gratia payments. The burden of the false and wrong accusation must be removed formally so that they will be seen and viewed as innocent victims of a tyrannical government. We, as caring human beings with the means to rectify a terrible wrong, must act to remove this wrong and set them free.

P Ramakrishnan
President