Walk For Judiciary Independence, Padang Merbok 17-Jun-22

Описание к видео Walk For Judiciary Independence, Padang Merbok 17-Jun-22

THE MALAYSIAN BAR'S WALK FOR JUDICIAL INDEPENDENCE #W4JI
The Bar doesn't walk for no good reason. When the Bar walks, something is VERY WRONG. This time, we are walking for Judicial Independence. LET'S WALK.
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When I first read the news that an investigation body publicly announced that a Judge was investigated as police reports were allegedly lodged concerning the Judge, and the Judge was even publicly named, I knew something was very wrong.

Where was the concept of separation of powers?
You mean any random person can lodge a police report against a judge? No way!
You mean investigators can just announce the name of the judge allegedly being investigated? No way!
I immediately sent a message to lawyers from other countries to ask about their countries' mechanisms to protect judiciary's independence. Guess what?
In India, Supreme Court Judges can only be impeached by Parliament. There is a mechanism in the Supreme Court for investigation of complaints of sitting and retired judges. Impeachments by parliament have been rare, and have not succeeded. As for lower court judges, any investigation against them are administered by the High Courts and require the sanction of the High Court.
In Japan, the independence of judges is highly valued and protected by the constitution. Only the Diet (Parliament) can impeach judges. Investigation against a judge, even if it happened, is unheard of.
In Nepal, a complaint against a Judge is lodged with the judiciary council. The council conducts the inquiries and would guide further action. If the judge is a Supreme Court Judge, the Chief Justice moves a motion of impeachment as the proper process.
In Bangladesh, a complaint or investigation against any sitting Judge can only be done with the Supreme Judicial Council or by the Chief Justice.
None of these countries allow a police report to be made against a sitting Judge, what more a sitting superior court judge. No investigation is initiated by the executive arm either, whether it is the police or their version of MACC. This is not to say that the courts are not under attack there, but at least they recognise that there are mechanisms in place to ensure judicial independence.
This is also not to say that judges cannot be investigated. Judges CAN be investigated, but under the proper mechanisms as provided under the Federal Constitution must be complied with
Here, because the MANNER in which the investigation was announced publicly and naming the Judge, it is act of INTIMIDATION AGAINST THE JUDICIARY. It is clear.
We, the Malaysian Bar CONDEMNS, in the strongest possible terms, any interference with the independence of the judiciary and any breaches of the doctrine of Separation of Powers fundamental to any well-functioning democracy.

This is a FIGHT for JUSTICE TO BE UPHELD. WE WALK.

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