Why Is The Chief Justice In A Reckless Hurry To Transfer Judges?

The transfer of 11 judges will not result in a miscarriage of justice, Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim said yesterday. This was because they had been given ample time to complete and submit a list of their partly-heard cases, he added.
In a statement, Fairuz said that the judiciary’s practice on the transfer of judges was decided by the Chief Judge of Malaya (CJM), with the agreement of the Chief Justice, and not the chief judges alone. He has assumed the role of the CJM following the retirement of Tan Sri Siti Norma Yaakob on Jan 6.

Unless provided by law, issues concerning the judiciary are under the jurisdiction of the Chief Justice, and he has absolute power to transfer judges without the approval of the Chief Judge of Malaya and the Chief Judge of Sabah and Sarawak.

Fairuz said that it was the norm to conduct transfers at the beginning of the year so that the judges could plan for the entire year. No formal complaints or appeals had been lodged by the 11 judges, he added.

The judges were given a month’s notice although the normal practice was between three and six months.

Bar Council chairman Yeo Yang Poh said a longer period of notice should have been given to allow the judges to manage their ongoing cases.

Former UN Special Rapporteur on the Independence of Judges and Lawyers Datuk Param Cumaraswamy cried foul over the transfers .

"Could he not have waited until the appointment of a new CJM? Or could not these transfers have been made earlier in September last year when (Siti Norma) transferred three judges?" he asked yesterday. Cumaraswamy said this short notice contradicted Fairuz’s claims about reducing the backlog of cases as the judges would have to go back to their jurisdictions to complete the partly-heard cases.

"In hastily signing the transfer letters just eight days after (Siti Norma’s) retirement, I wonder whether he directed his mind to the international standards on the transfer of judges," he said. Cumaraswamy called for an independent mechanism for judicial selections, promotions and recommendations. "These powers should no longer be left with just one person, like the Chief Justice however eminent he may be," he added.

Meanwhile, Kuala Lumpur Bar Committee chairman Lim Chee Wee expressed grave concern over the transfer of the judges. "The transfers will cause greater delays in hearings and increase the backlog. There is also the issue of the short notice for the affected judges.

"We request that the Chief Justice disclose the criteria or guidelines for transfers, and the reasons behind the recent transfers," he said. (NST)

***** What could have led the Chief Justice to move in the way that he did? It seems as if he was marking time while impatiently waiting for Siti Norma to retire and then pounced on the opportunity to effect transfers which according to those in the know are hasty, poorly thought out, counter-productive and possibly serve an ulterior motive far removed from purely administrative reasons.

While the independence of the Judiciary should be protected and preserved fiercely, any dictatorial tendencies of those at the very apex should not be condoned. The Chief Justice like everyone else is accountable and answerable to the people. Let him justify the hasty transfers or face professional and public opprobrium. Complete credibility is essential for a judge, more so the Chief Justice, unless he wants to suffer the same fate as one of his predecessors who throughout his tenure did not get the genuine respect of either the Bench or the Bar. Judges should be above the demeaning standard of office politics.
Image - Source