Malaysian Bar's Judicial Review of Zahid’s DNAA: A Crucial Stand for Justice and Democracy

Politics
5 Dec 2023 • 7:00 PM MYT
Mihar Dias
Mihar Dias

A behaviourist by training, a consultant and executive coach by profession

image is not available
Karen Cheah President of Malaysian Bar Council. Image Credit: FMT

By Mihar Dias (C) Copyright December 2023

In a bold move, the Malaysian Bar has taken a decisive step in initiating a judicial review over the Attorney General's decision to seek a discharge not amounting to an acquittal (DNAA) in the case involving Deputy Prime Minister Dato’ Seri Zahid Hamidi.

The implications of this legal action extend far beyond the courtroom, touching the core of justice and democratic principles.

The Malaysian Bar, in exercising its statutory duty to uphold justice, raises legitimate concerns regarding the AG's discretionary powers under Article 145(3) of the Federal Constitution. The argument that such powers should be exercised judiciously, within the limits defined by the courts, underscores the need for a fair and just legal process.

Zahid Hamidi's case, marked by serious charges of criminal breach of trust, bribery, and money laundering, holds not only legal significance but also matters of national and public interest.

The juxtaposition of the ongoing trial with his position of authority raises questions about the appropriateness of the DNAA decision and the potential impact on public trust in the justice system.

The Malaysian Bar's pursuit of reliefs through the judicial review process reflects a commitment to transparency and accountability. Seeking to quash the AG's decision and declare it null and void, the Bar demands not only legal rectitude but also information transparency, emphasizing the right to access relevant documents and reasons behind the decision.

The significance of this legal challenge extends beyond the specifics of Zahid Hamidi's case. It serves as a crucial check on the Executive, reinforcing the importance of a robust judiciary in a democratic society. The call for a judicial review process is a reminder that checks and balances are imperative to ensure accountability and the proper functioning of democratic institutions.

As President Karen Cheah Yee Lynn aptly emphasizes, the judicial review process is fundamental in challenging decisions that may impact the checks and balances of the Executive and Legislative branches. In doing so, the Malaysian Bar plays a vital role in safeguarding the democratic principles enshrined in the Federal Constitution.

In conclusion, the Malaysian Bar's commitment to justice through the initiation of this judicial review is not just a legal manoeuvre; it's a powerful stance for democracy, transparency, and the rule of law.

The outcome of this legal pursuit will undoubtedly resonate in the corridors of power and among the public, shaping the narrative of justice and accountability in Malaysia for years to come.


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