The Solemn Duty of a Judge

The solemn duty of a judge is not to sit mute when the law provides for a court of its own motion to issue show-cause notices against those who interfere in the administration of justice. I am reminded of the maxim Judex Habere Debet Duos Sales, Salem Sapicutiae, Ne Sit Insipidus, Et Salem Conscientiea, Ne Sit Diabolous, the English translation of which is, ‘A judge should have two salts, the salt of wisdom, lest he be insipid; and the salt of conscience, lest he be devilish’.

The office of a judge is one of the most honourable in the country; he is the voice of the legislator and the organ for dispensing justice; he holds the balance between the executive and the subject.

Even more significantly, in the discharge of his duties, the judge should be mindful of Allah’s command:

“…and let not hatred of others swerve you into error and depart from justice. Be just, that is nearer to piety. Fear Allah, For Allah is well acquainted with all that you do” (Surah al-Ma'idah: 8)

In the middle of the Second World War in 1942, Lord Atkin, in Liversidge v Anderson, had occasion to say in the House of Lords,
‘It has long been one of the pillars of freedom…that the judges are no respecters of persons and stand between the subject and any attempted encroachment on his liberty by the executive, alert to see that any coercive action is justified by law’

                                                  .....Anwar Ibrahim