KUALA LUMPUR (Oct 23): The appointment of judges has to be entirely free from political influence, said the Malaysian Bar Council.

In a statement today, Bar Council president George Varughese said the Judiciary must be wholly independent from political interests and executive intervention, in order to perform its role effectively in a system of separation of powers with checks and balances, where each branch of government is able to check the powers of the other branches, to prevent any abuse of power.

Varughese was responding to recent reports quoting Prime Minister Tun Dr Mahathir Mohamad as saying that Parliament would screen candidates in the appointment of judges or certain other posts before submitting the names to the Yang di-Pertuan Agong.

"While it is timely and appropriate for Parliament to screen appointments to key positions in public institutions, this is not the case in respect of the appointment of judges.

"It is imperative that the appointment of judges be entirely free from political influence — and any perception of political influence — by the Executive (including the Prime Minister) as well as the Legislature," he said.

Varughese said an independent Judicial Appointments Commission (JAC) must be established under the Federal Constitution, and tasked to make recommendations directly to the Yang di-Pertuan Agong.

He said the composition of the JAC must include not just representatives of the Judiciary, but also all stakeholders in the administration of justice, including the Attorney General's Chambers, Malaysian Bar, Advocates Association of Sarawak, Sabah Law Society, legal academics, and civil society.

"The ultimate decision on appointments should rest with the JAC, after which the Prime Minister submits the JAC's recommendation(s) to the Conference of Rulers," said Varughese.

He urged the government to incorporate these proposals into the reform of the Judiciary, in pursuit of what is set out in Principle IV of the Latimer House Principles, namely "[a]n independent, impartial, honest and competent judiciary", which is "integral to upholding the rule of law, engendering public confidence and dispensing justice".