Glowing tributes for Justice Nallini as she prepares to retire

Glowing tributes for Justice Nallini as she prepares to retire

The senior Federal Court judge will go on retirement this month after 18 years on the bench.

Nallini Pathmanathan, who began her legal career in 1986, was appointed a judicial commissioner in 2007, elevated to High Court judge in 2009, promoted to the Court of Appeal in 2014, and became a Federal Court judge in 2018.
PUTRAJAYA:
A senior federal counsel and several lawyers paid glowing tribute to Federal Court judge Nallini Pathmanathan after she delivered her final written judgment ahead of her retirement later this month.

Shamsul Bolhassan, head of the civil division at the Attorney-General’s Chambers, said it is no exaggeration to note that Nallini has made significant contributions, particularly in the field of public and administrative law.

“She has profoundly shaped the legal understanding of some fundamental aspects of our Federal Constitution,” Shamsul said.

He said that over the past eight years, he and his colleagues had witnessed Nallini’s extraordinary wisdom, her capacity for hard work, and her meticulous attention to detail.

“We wish Her Ladyship good health and happiness for many years to come,” he said.

Nallini, 66, was granted a six-month extension by the Yang di-Pertuan Agong to remain on the bench.

Earlier, a five-member bench chaired by Chief Justice Wan Ahmad Farid Wan Salleh partly allowed the government’s appeal, ruling that the words “offensive” and “annoy” in the previous iteration of Section 233 of the Communications and Multimedia Act 1998 were constitutional.

Nallini, who delivered the broad grounds, said free speech, however, was still subject to limitations and that the provision aimed to regulate the improper use of network facilities and services, with a view to providing a safe online environment.

The bench upheld the Court of Appeal’s decision that there was no basis to prosecute activist Heidy Quah on the grounds that a Facebook post she had made was “offensive” and communicated “with intent to annoy”.

The other judges on the bench were Justices Che Ruzima Ghazali, Nazlan Ghazali and Collin Lawrence Sequerah.

‘An indelible mark in constitutional law’

Senior lawyer Malik Imtiaz Sarwar said Nallini has left an indelible mark on the nation’s constitutional law landscape, adding that her judgments will serve as important guidance for the nation in the future.

“I have had the privilege of seeing you rise from the High Court to the Federal Court, and it has been nothing short of remarkable. You have done a great service to the nation,” said Malik, who represented Quah.

Lawyer Benjamin Dawson, who represented the Malaysian Communications and Multimedia Commission, described Nallini as one of the judiciary’s towering figures and said the nation owes her a huge debt for her distinguished service.

An inspiration to the legal fraternity

K Shanmuga, appearing as amicus curiae (friend of the court) on behalf of the Malaysian Bar, said Nallini’s achievements serve as an inspiration to many lawyers.

Wan Farid, who became chief justice six months ago, described Nallini as a “great jurist”.

In response, Nallini acknowledged the immense contributions of the AGC and Bar members.

“It was a great honour to serve the nation from the bench, which I will miss,” she said, her voice choking with emotion.

Nallini began her legal career in 1986, was appointed a judicial commissioner in 2007, elevated to High Court judge in 2009, promoted to the Court of Appeal in 2014, and became a Federal Court judge in 2018.

She also served as a member of the Judicial Appointments Commission.

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