Justice Nallini Receives Accolades From AGC And Lawyers Ahead Of Retirement

PUTRAJAYA, Feb 6 (Bernama) -- It was a touching moment for Federal Court judge Tan Sri Nallini Pathmanathan, who received accolades and tributes from a senior federal counsel, lawyers, as well as from the Chief Justice ahead of her retirement later this month.

Shortly after court proceedings concluded, senior federal counsel Shamsul Bolhassan, who spoke on behalf of the Attorney General’s Chambers (AGC), expressed gratitude to Justice Nallini for her contribution to the law and wished her good health and happiness for many years to come.

He said Justice Nallini had made many major contributions to the development of the law in a number of areas, particularly in public and administrative law.

“Her Ladyship is one of the towering figures in constitutional interpretation who has profoundly shaped the legal understanding on some fundamental aspect of our (Federal) Constitution,” he said, adding that over the past eight years, he and his colleague Liew Horng Bin had the great honour and privilege of appearing before Justice Nallini on many occasions.

Both Shamsul and Liew were appearing for the government in the case involving activist Heidy Quah, who challenged the constitutionality of the terms “offensive” and “annoy”, under Section 233 (1) (a) of the Communications and Multimedia Act 1998 (Act 588) (CMA).

Today, a five-member Federal Court bench, including Justice Nallini, unanimously ruled that the terms “offensive” and “annoy”, under Section 233 (1) (a) of CMA, were constitutional, overturning the Court of Appeal’s decision.

Nallini, 66, was granted a six-month extension by the Yang di-Pertuan Agong to remain on the bench. She is due to retire in two weeks. She is the most senior Federal Court judge and the first Indian woman to be appointed a Federal Court judge.

Meanwhile, lawyer K. Shanmuga, who spoke on behalf of the Malaysian Bar, said he fully agreed with the sentiments expressed by the AGC. He said Her Ladyship began her career at the Bar before joining the judiciary as a judicial commissioner. 

He said it was a testament to her dedication that she has survived so long in the judiciary with so many landmark judgments.

Another lawyer, Benjamin John Dawson, who represented the Malaysian Communications and Multimedia Commission, described Nallini as one of the judiciary’s towering figures and said she would always be remembered as setting a very high standard for the bench, notably in the area of development of constitutional jurisprudence.

Senior lawyer Malik Imtiaz Sarwar, who represented Quah, said Nallini has left an indelible mark on the nation’s constitutional law landscape in the country.

He said he had the privilege of seeing Justice Nallini rise from the High Court to the Federal Court, and it has been nothing short of an amazing experience.

Lawyer Lim Wei Jiet, appearing for Suara Rakyat Malaysia, Clooney Foundation for Justice and International Bar Association’s Human Rights Institute (Ibahri) as amicus curiae, said it was very inspirational to the junior lawyers to see Justice Nallini develop jurisprudence, especially in constitutional and administrative law.

Meanwhile, Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh described Justice Nallini as a “great jurist”.

In response, Nallini said it was an absolute privilege to serve the nation, and it would be something that she would miss.

“Those words are far too kind, really. It makes me feel extremely happy to hear that coming to the end of my tenure,” she said while thanking everyone for the unconditional outpouring of praise.

--  BERNAMA