KUALA LUMPUR: The appointment of Federal Court judge Tan Sri Ahmad Terrirudin Salleh to the Judicial Appointments Commission (JAC) raises concerns and breaks from long-standing conventions governing judicial appointments, says the National Human Rights Society (Hakam).
Hakam president Datuk Seri M. Ramachelvam said, in a a statement Thursday (Nov 20), that the move “marks an alarming departure from the established practice of appointing the most senior available Federal Court judge to the JAC”.
A Federal Government gazette dated Nov 18, seen by The Star, stated that the Prime Minister appointed Ahmad Terrirudin as a JAC member under paragraph 5(1)(e) of the Judicial Appointments Commission Act 2009.
His appointment, for a two-year term from Nov 15, 2025 to Nov 14, 2027, fills the vacancy left by Federal Court judge Datuk Zabariah Mohd Yusof, who retired last month.
“The senior-most judge, Justice Rhodzariah Bujang who has been on the Federal Court bench since March 2020 was bypassed without explanation,” Hakam said, adding that the decision “undermines principles of transparency and consistency”.
Hakam warned that sidelining seniority without clear justification “strikes at the heart of judicial independence and institutional integrity,” noting that such deviations create the perception that considerations beyond merit and experience may have influenced the appointment.
The organisation further noted unresolved allegations against Ahmad Terrirudin, who is a former attorney general.
“Any person appointed to JAC must be beyond reproach. Proceeding with this appointment sets a dangerous precedent and raises grave concerns about the rigour of the vetting process,” the statement read.
Ramachelvam stressed that the JAC carries a vital constitutional mandate in identifying and recommending candidates for Malaysia’s superior courts, and therefore its composition must be “guided by clear, objective principles and not opaque discretion”.
"The rule of law depends on institutions that operate transparently. Seniority is not just protocol; it is a safeguard against arbitrary decision-making and improper influence,” he wrote.
Speaking on behalf of Hakam, he further urged the Prime Minister to give a full and transparent explanation for the government’s departure from the long-standing practice of appointing the senior-most Federal Court judge to the JAC.
The group further called for the allegations involving Ahmad Terrirudin to be investigated promptly and thoroughly, with the findings made public to ensure accountability.
