PUTRAJAYA: The Judicial Appointments Commission (JAC) 2009 gives the Prime Minister the power to appoint any sitting Federal Court judge to the Commission, says Datuk Seri Wan Ahmad Farid Wan Salleh.
The Chief Justice said appointing Federal Court judge Tan Sri Ahmad Terrirudin Mohd Salleh to the JAC is under the Prime Minister's prerogative and should not be questioned.
He cited Section 5(1)(e) of the JAC Act, which states that a Federal Court judge is to be appointed to the Commission by the Prime Minister.
Under Section 5(1) of the JAC, the nine-member JAC comprises the top four judges in the country (Chief Justice, Court of Appeal President, Chief Judge of Malaya, Chief Judge of Sabah and Sarawak); a Federal Court judge to be appointed by the Prime Minister; and four eminent persons, who are not members of the executive or other public service appointed by the Prime Minister.
"Since he (Prime Minister) has the power to appoint (a Federal Court judge), there is no question about it. We accept it as it is," he said in an interview to mark his 100 days in office here on Friday (Dec 5).
Wan Ahmad was responding to questions on the controversy surrounding the appointment of Ahmad Terrirudin to the JAC.
It was reported that Ahmad Terrirudin had been appointed to the JAC for a two-year term from Nov 15, 2025 to Nov 14, 2027.
His appointment was criticised by the National Human Rights Society (Hakam), which questioned why Ahmad Terrirudin was selected over Federal Court judge Datuk Rhodzariah Bujang, who has more seniority.
The Malaysian Bar also raised concerns over the appointment, saying there was "an absence of clear explanation" on the criteria used to select Ahmad Terrirudin as it bypassed the practice of selecting the most senior member of the Federal Court.
Wan Ahmad said Ahmad Terrirudin attended the last JAC meeting and there were "no problems thus far".
The Chief Justice said he should be judged based on his previous grounds of judgment and his demeanour in court.
"That's how we judge him – not by other matters," he said.
