PUTRAJAYA: Criticism of the judiciary is here to stay due to the presence of the Internet and social media, said Malaysian Bar president Christopher Leong, describing these channels of communication as the “new coffee shop”. “Indeed, it would appear that social media is the new coffee shop. Thus, it is not uncommon to read of criticism of the judiciary or its judgments on the Internet,” he said.

Leong said it is only natural for what was previously termed “coffee shop talk” among a few people to now go viral on the Internet. He noted that the former acting Chief Justice of the High Court of Kerala P Subramoniam Poti had stated that in a democratic age, no institution including the courts, should be beyond the reach of honest criticism. 

However, he said that is not a licence to hurl abuse or make comments or accusations that are unfair or without basis. “Although the institution of the judiciary or its judgments should be open to criticism, nevertheless, unjustifiably damaging the standing of the judiciary would be counter-productive,” Leong said in his speech at the opening of the legal year in Putrajaya on Saturday.

Leong, who heads the Bar comprising about 15,000 lawyers, said he hopes criticism would be constructive and temperate. “Criticism, even in strong terms, of judgments which in effect serve to correct or point out an injustice or advance the administration of justice should be accepted or even welcomed.”  He said for legal decisions to stand the test of time, they must survive the test of public scrutiny. “In no way should criticism of court decisions, or how they came to be made, be viewed as seditious or contemptuous by virtue of being an affront to the administration of justice or scandalising the court.” 

Leong also called for the existing environment court to be expanded to handle civil cases. “We believe there is a need for such legal action to be dealt with efficiently and by specialist courts.”

He expressed concern about the re-introduction of preventive detention without trial laws through amendments to the Prevention of Crime Act 1959 after the repeal of the Internal Security Act 1960 and the Emergency Ordinance of 1969. He said this legislation serves to entrench the racial, religious and other fault lines in our nation. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on January 12, 2015.