KUALA LUMPUR: Judges should not be exempt from the same criminal investigation procedures that are imposed on the general public.
Umno information chief Isham Jalil said judges are not above the law and as such should not consider themselves to be immune to such procedures.
His remarks were in response to comments by Chief Justice Tun Tengku Maimun Tuan Mat who on Friday said that investigating authorities should consult her first before initiating any action against judges.
Isham noted that the authorities should not be required to consult or obtain the permission of the Chief Justice before acting against any judge suspected of committing a crime.
"Judges have no immunity from criminal prosecution and are not accorded any special treatment when it comes to crime. No one is above the law, including judges," he said in a posting on Facebook.
"If the authorities need to get permission or negotiate with the chief judge to investigate and charge a judge suspected of having committed a crime, it won't sit well with the principles of separation of powers."
Isham cited examples of judges in countries such as Britain and the United States who can be arrested, investigated and charged if they are suspected of committing any criminal act, without having to obtain permission from the chief judge first.
Upholding this aspect of the law is important to ensure that the separation of powers between the executive, judiciary and Parliament are maintained, he said.
He adds that Tengku Maimun should avoid making judgments that could seem prejudiced, since the public is watching and it could undermine their faith in the country's justice system.
"It will be difficult to uphold the law if the people lose trust towards the judiciary."
Tengku Maimun's remarks were made in a Federal Court judgement on Friday in a suit over an investigation into Justice Datuk Mohd Nazlan Ghazali by the Malaysian Anti-Corruption Commission (MACC).
The seven-member bench held that judges are not immune from criminal investigation or prosecution but the MACC probe had been carried out without following protocol.
She had said investigative bodies such as the MACC should consult the chief justice before carrying out an investigation, noting that their failure to do so showed that there was "a lack of bona fide on their part."
The Federal Court judgement was on a suit brought by three lawyers to challenge the MACC's investigation into claims of an unexplained sum of more than RM1 million in Nazlan's bank account.
They sought a declaration that the investigation was unconstitutional, and that the Public Prosecutor was not empowered to institute or conduct any proceedings for an offence against serving judges of the High Court, Court of Appeal and Federal Court.
Justice Nazlan came to prominence when he heard the case of former prime minister Datuk Seri Najib Razak in the High Court on charges of misappropriating RM42 million from SRC International, then owned by 1Malaysia Development Berhad. He found Najib guilty and sentenced the former prime minister to 12 years' jail.