Top judges set to retire, former Bar president says it’s a loss to the nation
KUALA LUMPUR (June 28): Chief Justice Tun Tengku Maimun Tuan Mat and Court of Appeal President Tan Sri Abang Iskandar Abang Hashim are set to retire next week, with no update yet on a possible six-month extension allowed under the Federal Constitution. Their retirement, along with Federal Court judge Tan Sri Nallini Pathmanathan’s in August, has been described as a major loss to the nation by former Malaysian Bar president Christopher Leong.
“They are three great judges, embodying the virtues, principles, attributes and abilities any nation would dream of having in their judges. Malaysia has had a few great judges, and these three are amongst them,” he said.
He added that it would be in the country’s best interest to extend their service for as long as legally possible.
Tengku Maimun turns 66 on July 2, with Abang Iskandar reaching the same age a day later. Article 125(1) of the Federal Constitution allows for a six-month extension upon the King’s approval.
The Judicial Appointments Commission has already recommended extensions for all three, but no decision has been announced by Prime Minister Datuk Seri Anwar Ibrahim.
Legal fraternity backs extension of top judges' tenure
Lawyer Syed Iskandar Syed Jaafar has urged the government to recommend a six-month extension for Tengku Maimun and Abang Iskandar, saying it follows an established convention and would be widely supported by the legal fraternity.
He praised both judges, along with Nallini, for their outstanding performance and global recognition.
“They are the best that Malaysia has ever had since former Lord President Tun Salleh Abas had been sacked and the suspension of five Supreme Court judges in 1988 during Tun Dr Mahathir Mohamad’s tenure,” he said.
Syed Iskandar added that their written judgements are of high quality, often cited as precedents, and reflect fairness beyond race or religion.
In March, the Agong, on the government's recommendation, approved six-month extensions for Chief Judge of Malaya Tan Sri Hasnah Mohamed Hashim and Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah as they neared the retirement age of 66. Another judge, Datuk Abdul Karim Abdul Jalil, declined the extension.
However, no similar decision has been announced for Tengku Maimun, Abang Iskandar or Nallini — raising questions about a possible denial.
Earlier this week, Tengku Maimun confirmed that no updates had been received regarding their extensions.
Eight former Malaysian Bar presidents also issued a joint statement highlighting the trio’s integrity and global impact, saying their leadership has brought international recognition to the Malaysian judiciary.
Judges’ conference amid retirement uncertainty and interference claims
As uncertainty continues over the possible extensions for Tengku Maimun, Abang Iskandar and Nallini, all eyes are on a judges’ conference taking place this weekend in Sepang. Judges from the High Court, Court of Appeal and Federal Court are expected to attend. It remains to be seen if this will be the final gathering for Tengku Maimun and Abang Iskandar before their retirement.
Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, whose six-month extension began in January, is also set to retire soon. With the departure of these top three judges, Hasnah may temporarily fill the gap until her own expected retirement in November.
After that, a new group of Federal Court judges will likely be appointed to the top four positions in the judiciary.
The conference takes place amid serious allegations of judicial interference involving a senior judge.
Could the government’s decision not to recommend extensions for Tengku Maimun and Abang Iskandar be seen as an attempt to quietly sideline recent serious allegations of judicial interference?
Judicial interference in the past has sparked major backlash, most notably during the 1988 judicial crisis.
In 2008, a Royal Commission of Inquiry was held after a video emerged showing lawyer Datuk VK Lingam discussing judicial appointments with a senior judge. This led to the creation of the Judicial Appointments Commission in 2009, aimed at ensuring transparent and independent judicial appointments.
On Friday, former Bar president Datuk Ambiga Sreenevasan called for transparency and a full investigation into the latest allegation.
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