The top judge said Section 34 of the JAC Act 2009 states that a person found guilty of influencing or attempting to influence the JAC would be liable to a fine not exceeding RM100,000, imprisonment of not more than two years, or both.

She said this in touching on the topic of judicial appointments, which she described as being of paramount importance, when officiating the opening of the legal year.

Tengku Maimun said that aspiring candidates must apply to the JAC for appointment as judicial commissioners. The JAC also reviews the performance of sitting superior court judges and recommends them for elevation or promotion.

She said these decisions had always been made by a majority vote through a secret ballot, if there was no consensus.

“In all my time as a member of the commission, I have not once interfered in the process.

“The candidate who gets recommended is therefore not the sole choice of the chief justice but either the choice of the majority or the collective decision of the JAC,” said Tengku Maimun, who is also JAC chairman.

She said the names of selected candidates are forwarded to the prime minister to appoint in accordance with the provisions of the Federal Constitution.

“The JAC Act 2009 does, however, allow the prime minister to not accept the candidates recommended by the JAC for appointments. In such cases, the prime minister can request for two more candidates,” she added.

Tengku Maimun said no one other than the JAC and the prime minister can recommend candidates for appointment to posts in the superior courts.

She also said that bypassing the JAC Act’s provisions could make such appointments unconstitutional or unlawful.

“For this reason, no person, whether it be the president of the Malaysian Bar, any advocate or solicitor, any political party, the attorney-general or any other person for that matter has any business recommending names to the prime minister for appointment,” she said.

Tengku Maimun said this would constitute an attempt to interfere with the course of justice by influencing the operations of the judiciary.

“Any name so considered on such improper advice runs the risk of being challenged via judicial review. Any person so found to have done this also runs the risk of being charged in court,” she added.

Tengku Maimun said that 15 years ago, before the JAC Act was enacted, Anwar Ibrahim as the then opposition leader had criticised the lack of transparency and potential executive interference in judicial appointments.

“I am certain that now, as prime minister, Anwar and his government will remain true to those comments by continuing to unreservedly remain committed to upholding the cause of judicial independence,” she added.