"As far as I am concerned, there has been no compromise in this since I started off as chief justice," Arifin told a press conference after launching the 48th Malaysian Judges Conference in Penang today.
"I will always maintain its independence. It is my pledge. So far I don't think it has been breached," he insisted.
Arifin (left) was responding to a question on the Court of Appeal's recent conviction and sentencing of Opposition Leader Anwar Ibrahim on the Sodomy II charge last Friday, despite questions over the reliability of evidence produced in court.
In the two-day proceedings, the Court of Appeal overturned a High Court decision last year that acquitted Anwar.
Anwar, who is also Permatang Pauh MP, was sentenced to five years' jail, but he is currently free, pending appeal at the Federal Court.
On Tuesday, DAP national chairperson Karpal Singh was fined RM4,000 for sedition.
It was over Karpal's remark that action could be taken against the Perak sultan for removing Mohd Nizar Jamaluddin of PAS as menteri besar during the 2009 state assembly crisis, which saw the state returned to BN, after Pakatan won it in the March 2008 election.
If he loses his appeal, Karpal will lose his Bukit Gelugor parliamentary seat. It’s likewise for Anwar, who stands to lose the Permatang Pauh seat.
However, Arifin declined to elaborate on the two controversial cases, saying "they are all pending appeal".
It was not proper for him to make any statement, nor was it proper for him to comment on the cases.
Judgments were based on law and the presiding judges had to give reasons for their decisions.
"Their reasons are subject to scrutiny by the appellate court. If there’s anything wrong, not proper, we will of course change it, following the due process," Arifin said.
On possible streets demonstrations by activist groups like Law Association for Asia and the Pacific (Lawasia) which was not happy with the court’s decision on Karpal's case, Arifin said there was nothing the judiciary could do about it.
However, he felt this was not the way to solve issues as the cases were still pending appeal.
Don't prejudge courts
He urged the public not to prejudge what would happen in the courts, insisting that due process of the law was for all, whether they were from the opposition or government.
He pointed out that there were government ministers also who were charged in court.
"Karpal and Anwar were earlier acquitted. It goes both ways. Why do we say acquittals are just and convictions unjust? That is not right," he said.
Ariffin said the judiciary was open to criticism but they must be fair, and if it was held that judges had gone wrong, the proof had to be shown.
He added that if judges were found to have taken instructions, the entire trial would be reviewed, citing such a case where a judge is facing disqualification is pending before the courts.
"Our procedures exist to ensure the independence and integrity of the courts. I don't know what more we must have," he said.
Ariffin also added the judiciary seemed to be one of the weakest bodies as everyone could attack it but judges cannot defend themselves.
"We can only defend our judgements," he quipped, adding judges cannot go for ceramah or roadshows to defend themselves.
He maintained that separation of powers is a must and provided for in the constitution.
As for a 2011 Federal Court decision that the doctrine of separation of powers does not exist, Arifin said that was indeed the decision.
However, that decision can be reviewed if there were other cases related to the doctrine as the Federal Court is not bound by its own decisions.
In his personal view and that of his colleagues, Arifin insisted that there should be separation of powers or else the independence and integrity of the judiciary would be compromised.
Asked to comment on Pakatan's boycott of Parliament last Tuesday, Ariffin said "I never comment on the executive".
Malaysiakini
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