The judicial authority of Malaysia is vested in the Federal Court, the High Courts and Subordinate Courts. Presently, the Federal Court is the highest court in Malaysia. The Head of the Judiciary is the Chief Justice of the Federal Court. The Court plays an important role in interpreting the law and protecting the aspiration of the Constitution. The role of judges is to deliver their judgment in accordance with the law and the evidence presented before them, independent of political or improper influences.

In his written response to an issue raised at the Dewan Rakyat, the Prime Minister Dato’ Seri Abdullah Badawi affirmed that the judiciary was indeed independent and there was no need to set up a royal commission to restore its independence (Bernama, July 20, 04). Yet, we cannot afford to ignore the public concerns over the independence, impartiality and integrity of the Malaysian Judiciary. Two fundamental questions have been raised:

1. Is the rule of law in this country equally applicable to all citizens?

2. Is the law enforcement conducted without fear and favour?

Perhaps today, when there is a case before the court, our first question may be "who is the judge?" The July verdicts on cases concerning apostasy and custody could not persuade the public on the impartiality and sound judgment of judges. The recent landmark Court of Appeal judgment stating that dates and times of rape offences in the charge sheets must be specific (Star Online, Sept 8, 04) attracted remarks from many quarters including the Attorney General himself.

However we must not overlook the fact that there have been sound and impartial judgments with emphasis on public interests in our judicial history. There is hope in our judiciary system. The judges’ duty is not only to safeguard and protect the people’s fundamental freedom and rights provided by the Constitution, but also to ensure that justice is served. Therefore, it is crucial for Christians to uphold the judicial system and judges in prayer.