
The top judge said judges must avoid writing judgments simply to seek validation from the public or from any other quarter.
“If a judge decides a case based on anything other than the law and facts, then he makes a decision that is not sound in law.
“(In such a case), the judge fails to uphold judicial independence and the rule of law,” she said at the opening of the legal year here today.
Tengku Maimun said judges must recognise the constitutional right of every citizen to criticise the judiciary and to test the correctness of its judgments through due process.
“Indeed, judges should be aware of public opinion, but they are not bound by it,” she said.
She said healthy attention and constructive comments towards the judiciary are always welcome as they help judges to reflect on their work.
“These criticisms should not result in disharmony between the judiciary and members of the Bar, any political alliance, or the general public,” she said.
Such comments, she said, are of no value to the advancement of the rule of law nor do they help judges to be united in upholding judicial independence.
Tengku Maimun said only with transparency in its proceedings will the judiciary be able to earn and retain public trust in the long-term.
“In my opinion, a key component of transparency is accessibility,” she said on the importance of allowing the public to access grounds of judgments written by judges.
She hoped such ease of access would translate into better comprehension by the public of the judicial function.
Tengku Maimun also urged the public to read judgments in their entirety before forming an opinion and subjecting the judiciary to any form of vilification.