KUALA LUMPUR, March 17 — Tan Sri Nallini Pathmanathan, the first Malaysian Indian woman to be a judge in the Federal Court here, retired recently and in an interview with Malay Mail talks about how she came to a career in law and other highlights in her 19 years serving in the judiciary.

From a family of doctors, to being a lawyer and judge

Born in Ipoh, Perak, Nallini had always wanted to be a doctor as she comes from a family – her grandfather, father, uncles, aunts, and younger brother – of doctors. Her mother was a teacher.

She had a degree in Physiology from the University of London but did not want to pursue a career in academia.

“So I then switched to law at the suggestion of my late father, and I was then much happier after I started in the law,” she said.

After being called to the Bar in the UK in 1984, Nallini returned to Malaysia in 1985 and was called to the Malaysian Bar in February 1986.

She was in the same law firm, Skrine, for 21 years where she handled family, employment, medico-legal and commercial cases.

In 2007, then chief justice Tun Richard Malanjum invited Nallini to join the judiciary.

“And that is where the first Indian female judge actually stems from, because at that time there were no Indian women in the superior judiciary, that was one of the reasons I was invited. I was of course extremely surprised to have been asked and extremely happy as well. 

“Essentially, for lawyers, being a judge is often the culmination of one’s career. And it was a wonderful opportunity.”

Nallini explained she could afford to join the judiciary despite the large cut in income, as she was well-supported by her husband – who happens to be a doctor!

Malaysian first, but also grateful to inspire youths of all races

Asked for her thoughts on being the first Malaysian woman of Indian ethnicity to be a judge at the High Court, Court of Appeal and also the Federal Court, Nallini noted she thinks of herself as “Malaysian first.”.

“It is a fact, people find it very easy to describe in that way. However, I’m Malaysian and my concern has always been about serving the Malaysian public as a whole.

“When you are a judge – I think, as was said by Tun Suffian, basically it doesn’t matter whether the person appearing before you is yellow, white, black or green – you look at the case and race never comes into it.

“I think that is something I certainly have no trouble dealing with. My work speaks for itself as a Malaysian judge,” she said.

She was alluding to former Lord President Tun Mohamed Suffian Hashim’s 1982 Braddel Memorial Lecture, where the former head of Malaysia’s judiciary had said judges in a multiracial and multireligious society such as Malaysia cannot help being from a particular race or religion.

Among other things, Suffian had said that judges however seek to not be too identified with any particular race or religion, so that no one could confidently identify a judge’s race or religion if the judge’s name was deleted from a judgment.

Nallini added she is grateful to have been a source of inspiration for Malaysian youths to work harder and have aspirations. 

“It is a source of great pride for the Indian community and I find that very fulfilling, and I find it’s good to inspire young people in Malaysia,” she said. 

Favourite memories as a judge

For Nallini, the highlight of being a judge is the sense of fulfilment from a job well done – writing a judgment that is “coherent and cogent” after hearing a long trial.

“It’s an extremely happy feeling because you feel you have fulfilled something and done your best to achieve that object, so when everything comes together – and for me, with judgments, it should be such that when you look at it from all angles, it should all fit together – I find that part of it the most satisfying.”

Nallini agreed that writing a good judgment is akin to solving a mathematical puzzle, but said there is also the added element of being fair and equitable to all those involved in a court case as it involves human beings.

Another of her best memories of being a judge was the supportive working environment in the judiciary, where people are courteous, kind and inclusive. 

“And then of course, the sense of camaraderie within the judiciary in terms of my relationship with other judges, with judicial officers and the staff – that has been extremely beneficial, pleasant. It’s a wonderful working atmosphere,” she said.

“You are free to just do what is right. That’s a tremendous privilege, not many people have that opportunity.”

Challenges as a judge

Nallini made it clear that she did not face any challenges in relation to the working environment, the courts or the public.

“The challenge perhaps is actually the workload, it’s voluminous and you have to write good judgments within a reasonable time. So I think that was the primary challenge, making sure that you hand down reasoned judgments within a reasonable time, given the volume of the case load,” she said.

This means that much of a judge’s life is dedicated towards the work of reading on and considering the court cases before them, including on weekends, she said. 

While the number of court cases she handled at the Federal Court was fewer compared to her High Court days, Nallini said Federal Court cases can be and often were more complex, especially in Constitutional cases.

But more importantly, decisions at the Federal Court which is the highest court in Malaysia are final and could potentially impact the lives of many people, she said.

“In the Federal Court you have more time, but then you have to ensure you have done even more research and considered issues very carefully, because you are going to affect the decisions of other courts, and you are basically writing the law for the land, so it’s a serious burden that cannot be discharged lightly.”

What’s next after retirement

Nallini retired on February 22 as she turned 66 years and six months old, having served the maximum possible tenure for judges in Malaysia with a six-month extension after hitting the retirement age of 66.

“I’m grateful for having served till the end of my possible tenure under the Constitution. It’s been a privilege to serve the nation, and I will now move on to the next phase of my life.”

As for her plans after retirement, Nallini said she may do something either related to the law or writing – two skills which she had spent her life honing.

“Those are things I’ve done for over 40 years, so I think it’s become a habit. It’s very difficult to just switch off overnight.”

Having worked virtually without a break since she became a lawyer (with just a two-day gap before she became a judge) until her retirement, she has not decided about her next step as she had not had much time to think about it yet.

Hopes for Malaysia’s judiciary

Nallini shared her hopes for judges in Malaysia to continue to protect the independence of the judiciary.

“For me, the independence of the judiciary is a fundamental aspect, and I think Malaysia’s profile in terms of the independence of its judiciary has grown in the last couple of decades or so. 

“And my wish for the country is, that will continue to be the case, that the judiciary both institutionally and individually will continue to uphold its independence and the rule of law. That will benefit the people of Malaysia in terms of our growth as a nation, both economically and in terms of our stature globally,” she said.