INDEPENDENT JUDICIARY.

Why is it becomes so important to have a judiciary that's not only truly independent, but also seen independent?.

My version?

In simplest term - A tainted judiciary reflects a tainted  govt. A tainted govt portrays a bad governance. 

Biased judiciary leads to biased verdicts. Biased verdicts would make the innocent guilty and the guilty innocent. No?

A lot have been spoken and written by members of the public about our very own judiciary,  even before the sacking of Salleh Abas. The sacking has only  strengthened beliefs of potential interference by the Executive.

The sacking itself was condemned not only by many Malaysians, but internationally. The event marked  what was widely considered, the declining independence of Malaysian judiciary.

Talking about Salleh's dismissal, I cannot avoid  mentioning Mahathir's role in the saga. How he blatantly attacked the judiciary with his heated statements that prompted Salleh to write to the King. Unfortunately for Salleh, it led to his own sacking.

Mahathir who had never been fond of the judiciary was upset with it's increasing independence and in 1988, the govt tabled a bill in Parliament to amend Articles 121 & 145 of the constitution. 
    
Many Malaysians would easily recall that it was Mahathir who advice the then King to suspend 5 supreme court judges. A rare incident affecting the judiciary in any civilised and democratic country. Mahathir did it! Sometimes I try to pretend to like him, but I just couldn't. 

Talk about Mahathir, his latest antiques is when he commented about TPPA.
Many has thrown questions in public domain relating this issue. Here's one of the questions posted in Malaysiakini.
"Why is that Mahathir, an ordinary Malaysian, is able to access, read and comment on all 29 Chapters of the TPPA when even elected members of parliament are denied access to the same?".

Doesn't that speak volume of Mahathir's 'power'?

Will he be charged under OSA?

Most Malaysians also knew that judiciary is indeed, one of the three pillars of good government - not only our govt, but govt of all democratic countries.

The hindrance towards judicial independence here is obviously due to the non-existence in separation of powers.

While Legislature (pillar 1) legislates the laws, the Executive (pillar 2) execute them and it is the judiciary that checks implementation.

In Malaysia, all knew that the head of the Legislature and the Executive is the prime minister (PM) from the ruling party thus, without separation of powers, PM and/or his cabinet may have received enormous judicial power and also what is cynically known, judicial immunity when prosecution is initiated on them.

As long as the Head of the Judiciary is appointed by the King at the recommendation of the PM, it will be extremely difficult for us to have an absolute judicial independence.
A power oriented PM and his cabinet could always manipulate and/or abuse the judiciary to suit their interests.

Though there could be opinion that any democratic country not abiding by the separation of powers will eventually die of natural death, but a country with extra-ordinarily 'creative' PM, will stop at nothing in ensuring his continuous survival even at the expense of the people and nation's interest.

Controversial decisions of Malaysian courts esp involving personalities of the ruling party or personalities closely associated to them had more often than not, been 'disputed' and 'questioned' by the people.

The decision of Malaysian Appeal Court in the trial of the infamous Altantuya murder case had once again, sparked uproar when the accused persons were acquitted when guilty verdict by the High Court was over-turned.

It is a common knowledge that those originally accused were all known to the PM.

Razak Baginda who is PM's close ally obtained acquittal even without his defense being call and now, PM's former aide-de camp and the co-accused have walked free. 

It is also a public knowledge that the PM himself is allegedly linked to the Altantuya saga.
Altantuya was murdered here in our land and the judiciary (at least until this moment) was seen as 'failing' to provide justice for her.

Cynicism that greeted the verdict is one thing, but most importantly, public opinion as well as opinions of international community towards our judiciary must not be overlooked.

The only way the people could decimate possible form of manipulations and/or abuse in our judiciary by the ruling party is through the ballot box in the next GE. The choice is ours. The choice of putting the judiciary of our nation to where it belongs.