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Dissenting judgments during my time show judicial independence: Maimun

Former Chief Justice rejects claims of influence, points to her own dissenting judgments as proof of judicial autonomy

8:13 PM MYT

 

KUALA LUMPUR – Newly retired Chief Justice Tun Tengku Maimun Tuan Mat has firmly rejected suggestions that she influenced Federal Court decisions during her tenure, emphasising that judges were free to make independent decisions without external pressure.

Speaking to reporters after the judges’ elevation ceremony today, Tengku Maimun pointed to her own record of dissenting judgments as evidence of the judiciary’s autonomy. During her tenure, the Federal Court decided on 19 constitutional cases, and she dissented in five of them—about 25% of the cases.

“That fact alone shows that judges decided independently, without fear or favour, and without any external or internal pressure,” she said, as quoted by Malay Mail Online.

“If I had any influence on their decisions, I would not have dissented in five out of 19 cases, especially those involving constitutional law.”

Her remarks were made in response to comments by former Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, who, in his recent farewell speech, alleged that he had been pressured by a “very senior member of the judiciary” to align with a majority decision in a case.

Abdul Rahman did not name the specific judge in question.

Lawyers for Liberty (LFL) also strongly refuted claims by Abdul Rahman that he experienced internal pressure during a high-profile Federal Court case in 2021.

In a statement today, LFL adviser N. Surendran labelled the suggestion of judicial interference as “plainly wrong” and “incomprehensible,” especially considering that the judge allegedly involved in the interference was also part of the same seven-member panel.

“How can a judge interfere in a case she herself was involved in deciding? Such a suggestion defies logic,” Surendran said.

Tengku Maimun, who made history as Malaysia’s first female chief justice, emphasised that the judiciary operated without undue influence. She stated, “Let’s not turn this into a contest of words. I can just share the facts.”

Reflecting on her retirement, the former Chief Justice said she was “feeling very free” and enjoying quiet moments.

Tengku Maimun retired earlier this month after serving six years at the helm of the judiciary, a period during which she oversaw critical rulings on constitutional matters. — June 28, 2025

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