Federal Court dismisses application to rule on previous appointment of top judges

PUTRAJAYA: The Federal Court has dismissed an application by the Malaysian Bar and the Advocates Association of Sarawak (AAS) to answer on the constitutionality of the appointment of two former top judges.

Justice Hasan Lah, who chaired the six-man bench, said the panel did not wish to answer the legal questions posed as it had become academic.

Earlier, Justice Hasan said there were six of them now since Chief Judge of Malaya Zaharah Ibrahim had recused herself on the grounds of conflict of interest.

Other judges were Justices Zainun Ali, Ramly Ali, Balia Yusof Wahi, Aziah Ali and Alizatul Khair Osman Khairud­din.

The Bar and AAS were challenging the appointment of former Chief Justice Tun Raus Sharif and former Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin as additional judges last year.

The Bar and AAS have questioned whether the appointment of Raus and Zulkefli were constitutional.

The panel had reserved its judgement on March 14 after hearing submissions from parties.

In the legal challenge, the Bar and AAS posed four points of law for determination by the Federal Court.

One of the questions is whether under Article 122(1A) of the Federal Constitution, an additional judge can be appointed on the advice of the Chief Justice, whose advice is to take effect after the latter’s retirement.

Another question is whether the appointments of judges by the Yang Di-Pertuan Agong under Articles 122(1A) and 122B(1) of the Constitution is justiciable.

The Bar and the AAS are challenging the appointment of Raus and Zulkifli after they reached the constitutional mandatory retirement age of 66 years and six months.

The Bar also sought declarations that Raus and Zulkefli’s appointments as Chief Justice on Aug 4 last year and Court of Appeal president on Sept 28 last year were null and void.

Raus and Zulkefli submitted their letters of resignation to the Yang Di-Pertuan Agong on June 7 this year and the King gave his assent.