KUALA LUMPUR, Feb 14 — Datuk Seri Nazri Aziz said there were “probably” truths to claims that the courts were subservient to politicians back when Tun Dr Mahathir Mohamed was prime minister.
The defacto law minister however charged that this was not due to constitutional amendments made by Dr Mahathir but the way he observed the law.
“Probably (Tun Mohd) Dzaiddin (Abdullah) was right to say that probably during his time as Chief Justice, there has been interference. Only the CJ will know whether the courts were subservient or not,” Nazri told reporters here today.
He said the question of whether the judiciary was subservient to politicians depended on the personality of the prime minister, and that such doubts would not occur if he (Dr Mahathir) observed the principle of the independence of the judiciary.
“If the PM does not observe this, there will be interference. It happened during Tun Dr Mahathir’s tenure, the CJ was sacked and so were a few judges.
“But when Tun Abdullah Ahmad Badawi became PM, the government decided to give ex-gratia payment to all judges who were dismissed in the 1988 judicial issue...this was an admission by the government that there were wrongful dismissal of judges,” added Nazri (picture).
Dr Mahathir has accused Mohd Dzaiddin of lying when he claimed the judiciary has become subservient because the former PM clipped its wings in the 1980s when he amended Article 121 of the Constitution.
Mohd Dzaiddin, who once headed the country’s courts, said the amendment was repugnant “because Parliament attempted to dictate to the judiciary that it only has judicial powers which Parliament itself says the judiciary has”.
Mohd Dzaiddin pointed out that Dr Mahathir’s clashes over the roles of the two arms of government with then-Lord President Tun Salleh Abas had lead to the latter’s sacking.
“The facts are there. He (Dr Mahathir) is a dear old man but sometimes there are issues raised and as minister I am asked for my comment, this is just a professional comment.
“No personal issues. I apologise if Tun Dr Mahathir feels bad about it,” said Nazri.
