Pressuring Judiciary For Political Gain Erodes Democracy - Analysts

KUALA LUMPUR, Dec 23 (Bernama) -- All parties are urged to uphold the integrity of the judiciary following the High Court's dismissal of Datuk Seri Najib Tun Razak's judicial review application, which was based on his claim of an addendum purportedly authorising house arrest for the remainder of his sentence.

Universiti Malaya socio-political analyst Prof Datuk Awang Azman Awang Pawi said that pressuring the judiciary through public sentiment or dismissing rulings as invalid simply because one disagrees with one's political preferences is an unhealthy practice that can undermine the foundations of democracy. 

The Senior Fellow of the Malaysian National Academy (AKM) said that in a nation governed by the rule of law, justice is not determined by 'what sounds pleasing', emotion, public perception, or current political interests. Instead, it is administered through a transparent, tiered legal process that must be fully respected.

"The attitude of 'only accepting rulings that favour us' is deeply concerning. If left unchecked, it has the potential to weaken judicial institutions, erode public confidence in the justice system, and create space for populist pressures," he told Bernama today.

He further emphasised that legal avenues, including the right of appeal, remain open. Therefore, court decisions should be accepted without prejudice or undue influence from political pressure throughout the judicial process.

Awang Azman said the High Court’s decision also reflects the MADANI Government's firm stance in respecting the separation of powers, by not interfering in court affairs despite the issue’s sensitive political implications. 

“Only through the consistent respect for the law can national stability, social justice and public confidence be preserved in the long term,” he said.

Senior political science lecturer, Shahidah Abdul Razak, of Universiti Teknologi MARA (UiTM) Seremban’s Faculty of Administrative Science and Policy Studies, echoed this sentiment, describing the High Court’s decision as being clearly grounded in law and as a demonstration that no individual, regardless of profile, is granted immunity.

“It also illustrates the absence of interference by the government (executive) or any third party capable of influencing the court’s ruling, even though the party to which Najib belongs is part of the current government,” she said.

According to Shahidah, the MADANI Government is seen as adopting an open approach by not denying the right of defence to pursue further legal action within existing legal avenues. 

However, he cautioned that an obsession with a particular leader risks influencing how certain parties accept any court ruling.

Meanwhile, National Council of Professors fellow Dr Azmi Hassan advised all parties, especially those within the MADANI Government coalition, to allow the judicial process to proceed fully without polemics that risk exacerbating the situation.

"Datuk Seri Najib Tun Razak still has legal avenues to pursue. This process should be allowed to proceed without public statements that could undermine national stability and public perception," he said.

Yesterday, the Kuala Lumpur High Court dismissed Najib's application for a mandamus order to verify and enforce an addendum decree purportedly allowing him to serve the remainder of his prison sentence under house arrest.

The court found that the decree in question was neither discussed nor decided upon at the 61st Meeting of the Pardons Board on Jan 29, 2024.

The ruling confirmed that the former prime minister must serve the remainder of his sentence in Kajang Prison.

In a statement today, Prime Minister Datuk Seri Anwar Ibrahim also urged all parties to respect the court's decision and to refrain from clouding the issue or inflaming public tension. 

-- BERNAMA