The top judge said judges were subject to scrutiny and that was why they wrote judgments that could be read, analysed, discussed, and debated.

Tengku Maimun said the whole system of appeals was based on judges’ awareness of their own fallibility. Hence, citizens, including politicians were, to a certain extent, free to criticise the judiciary, she said.

However, she added, that did not mean they could level unfounded and scurrilous attacks against the judiciary or a particular judge to further their own end.

Of late, she said, the courts had to deal with high profile and public interest cases and it was natural for judges to be criticised or allegations levelled against them over their rulings in these cases.

“However, what happened in recent days to the judiciary and judges, in my view, has gone overboard,” she said in her speech after witnessing the elevation of 17 judicial commissioners as High Court judges.

Those present gave Tengku Maimun a standing ovation and thunderous applause.

Her remarks come in the wake of allegations that she had agreed to interfere in the court cases of former prime minister Najib Razak and Umno president Ahmad Zahid Hamidi, causing the office of the chief registrar of the Federal Court to lodge a police report denying it.

The office had said there was no basis to the claim that the chief justice had agreed to expedite the cases against the two politicians.

Also, Court of Appeal judge Nazlan Mohd Ghazali last week lodged a police report over a report alleging that he was being investigated for unexplained money in his bank account.

The office of the chief registrar said Nazlan denied the “false, baseless and malicious allegations” aimed at undermining his credibility as a Court of Appeal judge.

Nazlan was the trial judge who convicted and sentenced Najib on seven charges relating to funds belonging to SRC International on July 28, 2020.

Last December, the Court of Appeal upheld the conviction. An appeal against the conviction is pending before the Federal Court.

Tengku Maimun said it was important to emphasise that the judiciary was the last line of defence in a constitutional democracy and there must never be a suspicion that the judiciary was held captive.

She said criticism should be constructive and not undermine the independence and public confidence in the judiciary.

“No one should sow the seeds of doubt among the public concerning the integrity of the judiciary or judges,” she added.

She called on judges to carry out their duties in accordance with the law and not give up or be faint-hearted.

“Come what may, we must remain strong and resilient and be steadfast in upholding the rule of law.

“While we cannot control the words or actions of some quarters who are bent on tarnishing or destroying the image of the judiciary, it is within our control to ensure that no one meddles in our affairs,” she added.

Tengku Maimun said interference would not happen so long as cases were decided without fear or favour, without ill-will or motive, without external or internal pressure and without regard to personalities.

“Public or popular views do not matter. Cases are decided based on evidence led in court and based on established principles of law, including the stare decisis (the adherence to precedent in making decisions).

“Whatever allegations and tribulations that confront us, these principles must be adhered to. Only if we adhere to these paramount principles are we worthy of being called judges,” she added.

Those elevated today were Latifah Mohd Tahar, Amarjeet Singh, Duncan Sikodol, K Muniandy, Shahnaz Sulaiman, Evrol Mariette Peters, Christopher Chin, Ong Chee Kwan, Radzi Abdul Hamid, Aslam Zainuddin, Julie Lack, Wong Siong Tung, Leonard David Shim, Nadzarin Wok Nordin, Quah Chew Soon, Attan Mustaffa Yussof Ahmad and Anand Ponnudurai.

Duncan, Chin, Shim and Wong took their oath of office before Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim as the four are serving in those territories. The others took their oath before Chief Judge of Malaya Azahar Mohamed.

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