Wednesday, October 24, 2007



Fairuz’s term as CJ ends on

He has requested an extension.

(Such gall and audacity. Shameless, to say the least)


4,008 concerned citizens have signed a petition asking for the setting up of a Royal Commission to inquire into and investigate the veracity of what is depicted in the Lingam tape and, if confirmed to be true, to set into motion the necessary steps to remove Fairuz and to clean up the judiciary.


In these circumstances, in my view, Fairuz should properly have taken a leave of absence or have been suspended pending such an inquiry.

Instead, we are confronted with the audacious prospect of an extension of his term!

The Conference of Rulers meets next week.

The matter of the extension or otherwise of Fairuz’s term is almost certain to be on the agenda before their Royal Highnesses.

It is, in my view, important that the concerns of those who have bravely signed the petition be made known to the Conference of Rulers.

For that reason, I shall be making arrangements to have the petition and the list of signatories delivered to the palace on Thursday, 25th October, 2007.

If you have not signed the petition and would like to do so, you have until 12 noon tomorrow.

Have you read the petition to His Majesty the Yang diPertuan Agong to ask for the establishment of a Royal Commission to look into and stop the rot in the judiciary and to return the judiciary to the rakyat?

To read the draft petition in English, please click HERE.

The actual petition, complete with the language of protocol, can be viewed HERE.

To sign up in support of this petition, please send your name and i.c. number to :


The above narrative is an extract from People's Parliament.


Former Lord President Sultan Azlan Shah in his postscript to his book “Constitutional Monarchy, Rule of Law and Good Governance” (pp 399 – 401) in April 2004 had written:
“Sadly, over the past few years there has been some disquiet about the judiciary. Several articles have been written, and many opinions expressed, both internationally and locally, that the independence of our judiciary has been compromised. It has been said that there has been an erosion of public confidence in our judiciary.

Concerns have been expressed that some judges were not writing judgments, or that there were long delays in obtaining decisions or hearing dates in certain instances. Further, the conduct of certain judges was being questioned in public…

Whether these allegations are true, is not for me to say. However, having been a member of the judiciary for many years, it grieves me when I hear of such allegations. Since Independence, the early judges have always cherished the notion of an independent judiciary and had built the judiciary as a strong and independent organ of government. The public had full confidence of the judiciary and accepted any decision then made without any question. Unfortunately, the same does not appear to be the case in recent years.

Whatever the situation, a judiciary may only be said to be independent if it commands the confidence of the public – the very public it seeks to serve. After all, statements made as to its independence by the judges, or even the politicians, do not measure public confidence in the judiciary. At the end of the day, it is this public perception that ultimately matters.

It is my earnest hope that the Malaysian judiciary will regain the public’s confidence, and that it will once again be held in the same esteem as it once was held. In democratic countries, it is an independent judiciary that brings pride to the nation. Members of the executive and the legislature come and go, but an independent judiciary must remain steadfast forever, fulfilling the aspirations and ideals of the people. In the judiciary, people place their trust and hope.”

Press Statement from ALIRAN

".. It would upset and disappoint Malaysians terribly if the tenure of the current Chief Justice, Tun Ahmad Fairuz Sheikh Abdul Halim, were to be extended. It would seriously undermine the confidence of the people in the judiciary to a point of no return.

The judiciary is already in a shambles and there is no need to degrade it further by extending the tenure of the Chief Justice of the Federal Court.

On behalf of all Malaysians, Aliran would like to politely and humbly appeal to His Majesty, the Yang diPertuan Agong, to reject Ahmad Fairuz’s application to His Majesty for a six-month extension of tenure.

Article 125(1) states:
' Subject to the provisions of Clauses (2) to (5), a judge of the Federal Court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve.'

In this extension of tenure of office, the Prime Minister does not seem to have any role to play. It would appear that His Majesty, the Yang di-Pertuan Agong, solely decides on this matter.

It is the absolute discretion of His Majesty, the Yang di-Pertuan Agong.

By now it is very clear that it is the collective view of all thinking Malaysians that Ahmad Fairuz does not deserve to be in office even a minute longer. He must go - and go in the soonest time frame that is possible.

After the disgraceful Lingam tape, it is only morally correct that he should not be around to denigrate an institution that is the custodian of justice.

It is as simple as that.


  • From Aisehman:

  • "... 'for the sake of the country', for when a person is no longer useful and threatens to become a liability, the likelihood of him or her being dumped like a hot potato or thrown to the dogs increases significantly.

    ... and judges are not supposed to be embroiled in politics.

    Maybe Ahmad Fairuz should consider stepping back from being embroiled even in judicial matters.

    The authenticity of the video clip no longer matters, as far Ahmad Fairuz’s tenure as Chief Justice is concerned.

    Rightly or wrongly, he has been tainted by it, and therefore his position as Chief Justice has become untenable.

    The right, honourable, and just thing to do would be to see out his tenure and retire into private life.

    Ahmad Fairuz should withdraw his application, forget this business of an extension, and be reminded that justice must not only be done, but must be seen to be done..."

    so speaketh the people

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