
Its president, AG Kalidas, said transparency was a central tenet in the rule of law and the basis for public trust and confidence.
Kalidas said the attorney-general was given wide discretionary powers to institute proceedings for a criminal offence. As such, the powers must be exercised with full transparency.
He said that in cases involving public confidence in the administration and governance, it would be favourable for the attorney-general to provide reasons for discontinuing any proceeding, irrespective of the party in question.
“We appreciate that Article 145(3) of the Federal Constitution clothes the attorney-general with wide discretion to institute, conduct or discontinue any proceeding for a criminal offence.
“However, it is not an absolute or unfettered discretion, as held by the Federal Court in an appeal by (former Asian International Arbitration Centre or AIAC director) Sundra Rajoo.
“Thus, a measured and perceptive approach is needed. Lack of information will unfortunately only lead to, and fuel, unnecessary speculation,” Kalidas said at the opening of the 2022 legal year at the Palace of Justice.
In November, Kalidas had demanded that Idrus provide an explanation on the government’s decision to withdraw its appeal against the acquittal of Tengku Adnan Mansor in his RM2 million corruption case.
“It is our view that the reasons behind withdrawing an appeal in such a high-profile case must be revealed to demonstrate accountability to the rakyat,” he had said in a statement.
Kalidas said the position of the Attorney-General’s Chambers as a bastion of justice and a guardian of public interest must be fiercely guarded.