Judiciary has always acted fairly, says Arifin
NO INTERFERENCE: 'Criticism of judiciary must be analytically correct, not biased'
NO INTERFERENCE: 'Criticism of judiciary must be analytically correct, not biased'
KOTA BARU: THE judiciary does not bow to the executive nor is it politically motivated when delivering judgments, Chief Justice Tun Arifin Zakaria said.
"I confirm what (former chief justice) Tun Zaki Azmi said, there is no interference (from the executive).
"As the chief justice since September, I can speak for myself and on behalf of the other top three judges ... there has never been such a thing (interference).
"There is no reason for me to make up stories which are not there, I speak from my heart."
Arifin said the judiciary had always acted fairly on cases and was not biased.
"Whoever is on trial, the head of the opposition or prime minister, it is the same. There is no distinction.
"We will act fairly and that is all I can say," he said.
Speaking to reporters after opening the 46th Judges' Conference here yesterday, Arifin said the judiciary, however, must remember that if it wanted independence, it must not interfere with the workings of the executive and legislature.
"We must respect each other. That is the best discipline.
"Only then, can we get a stable government which respects our judicial process and is accepted by the people.
"That is what we uphold ... the principle of checks and balances in the administrative system."
Arifin said the public was free to criticise the judiciary, but the criticism must be analytically correct and logical, not biased or emotional.
"Don't just say this is not fairand that is not fair.
"They must have proof to argue a case. Analyse the judgment, how and where it has gone wrong, then we will accept.
"It's not contempt of court (to criticise a judgment). It's only so when they say that it is unfair, biased and there is corruption. If there is corruption, prove it."
Arifin also said compared with the executive and legislature, the judiciary was the weakest as it was unable to respond to criticisms.
"Judges cannot defend themselves in newspapers or debate with their detractors.
"Our response is through our judgments. The judgment itself speaks of our independence.
"We are humans and not God. We cannot achieve absolute justice, but we try our best within our capacity and through this we try to improve from our ability and knowledge of laws," he said.
Zaki, in a statement on Saturday, said the verdicts of past cases, such as those involving opposition leader Datuk Seri Anwar Ibrahim and the claim by settlers against Felda, were proof that the judiciary was independent and had not bowed to the executive or took sides when delivering judgments.