Wednesday, June 25, 2008

Independence of the Judiciary

Everybody talks about it now. Lawyers, non-lawyers, politicians and everybody.

Some think that independence of the judiciary is the ex-gratia payment to Tun Salleh Abas & gang. Some say independence of the judiciary must mean that the Courts must not be in anyway having any relation or reliance on the Executive or the Legislature. Those are the one who know or heard about the doctrine of separation of powers. Some say that the independence of the judiciary mean that the Bar Council must be given bigger role in the appointment of judges and must be consulted when judges are to be promoted. Others say that the independence of the judiciary must mean that the Courts be upgraded and judges be given all facilities and higher remuneration.

Come what may, say what ever you like, the independence of the judiciary was and is never a big issue to anybody during the last election. Who cares what happened in the Courts, who gets appointed or who gets promoted. Make a survey, the courts are not at all a popular place to be to all Malaysian. No one wants to be in the Courts be it as a witness or worst as an accused. It's always the last resort. In all matters and in all statement of account of any company or corporation, legal fees never ever become an important payment to be made. No body wants to be in Courts and lawyers are always the last to be called.

Its been 50 years now since Merdeka and our Courts have been there even before Merdeka. Our judiciary have always been independent. So independent that the Courts used to be the least maintained of all government buildings.

Think about it, the judiciary needs the Executive to survive and maintain itself. Lets not allow one Minister and one President of the Bar Council plus a few spinners divert our attention to a more pressing issues. Lets think about the higher food and fuel prices and how to survive in this era of a vote of no confidence against the PM, which had never happened before.

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