A law professor said Chief Justice Zaki Azmi and Chief Judge of Sabah
and Sarawak Justice Richard Malanjum, could have abdicated their oath of
office by their refusal to interpret the
question of "whether section 5(3) and (4) of
the Sarawak Land Code relating to the extinguishment of native customary
rights are ultra vires Article 5 (Right to life) and Article 13 (right
to property) of the Federal Constitution." that was posed before the court.
Islamic International University professor Abdul Aziz Bari said by refusing to deal with the constitutionality issue, the Federal court had abdicated its duty and failed to fulfill their oath when taking office by saying "I will faithfully discharge my judicial duties in that office to the best ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its constitution.
Under the Federal
Constitution, the Federal Court which is the highest court of the land is essentially the constitutional court of the country; the main
tribunal whose major duty is to take care of the constitution.
The
don, Abdul Aziz (left), added that the court is the custodian of justice, so the judges
have let the citizens down for the constitution is the supreme law of
the land, one that protects them from arbitrariness whether in the form
of laws passed by the legislature or through executive decisions.
He said that it was the duty of the judiciary to declare the rights of the citizens, being custodial of justice.
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