KUALA LUMPUR: The High Court was told that the Malaysian Bar's legal challenge on the appointment of Federal Court judge Tan Sri Ahmad Terrirudin Mohd Salleh to the Judicial Appointments Commission (JAC) was based on leaked minutes, media reports, public statements and a police report.
Senior Federal Counsel Shamsul Bolhassan, who represented the respondents, said a judicial review cannot be founded upon conjecture, assumptions, speculation, or apprehension of possible future harm.
"A police report merely proves that allegations were made. It does not establish their truth," he said in his submission here on Tuesday.
Shamsul said that the Bar, as the applicant, failed to identify any express statutory breach of Section 5(1)(e) of the Judicial Appointments Commission Act (JAC) 2009.
Section 5(1)(e) stated only two requirements for a JAC member; the appointee must be a Federal Court judge and that the appointment must be made by the Prime Minister.
Shamsul said Ahmad Terrirudin had satisfied both requirements and this fact was undisputed.
"The first respondent (Ahmad Terrirudin) is only one member of a multi-member commission and cannot unilaterally influence judicial appointments.
"The JAC merely performs a recommendatory role and does not itself appoint judges. Judicial appointments remain constitutionally vested in the Yang di-Pertuan Agong acting on the advice of the Prime Minister," Shamsul added.
Shamsul also argued that the Bar lacked locus standi in filing the application for leave to commence judicial review against Ahmad Terrirudin's appointment, as only a person who was "adversely affected" by a public decision may commence judicial review proceedings under Order 53 rule 2(4) of the Rules of Court 2012.
"Bar has not identified any specific legal right or statutory entitlement that has been affected by the appointment.
"The alleged injury consists only of concerns regarding judicial independence, public confidence, and potential future bias, which are speculative and too remote to establish standing," he added.
Lawyer Datuk S. Ambiga, who represented the applicant, said that leave ought to be granted by the court as there were serious issues that needed consideration in a full hearing.
Justice Norliza Othman fixed Oct 5 for decision in the leave application.
On Feb 12, the Bar filed the leave application and named Ahmad Terrirudin, Prime Minister Datuk Seri Anwar Ibrahim, the JAC, and the government as the first to fourth respondents, respectively.
The Bar is seeking a certiorari order from the High Court to quash the Prime Minister's decision to appoint Ahmad Terrirudin as a member of the JAC.
It also seeks a mandamus order compelling the Prime Minister to exercise his prerogative to appoint a member to the JAC in accordance with the law, including established conventions and the JAC Act 2009.
The Bar is also seeking a mandamus order compelling the JAC to establish a Royal Commission of Inquiry (RCI) to investigate allegations against Ahmad Terrirudin, with the findings to be disclosed to the public.
The Bar seeks a court declaration that the decision to appoint Ahmad Terrirudin is unlawful and null and void.
On Nov 18, 2025, a Federal Government gazette stated that the Prime Minister had appointed Ahmad Terrirudin as a JAC member under paragraph 5(1)(e) of the JAC Act 2009.
His appointment was for a two-year term from Nov 15, 2025, to Nov 14, 2027.
Ahmad Terrirudin's appointment to the JAC was marred by allegations of judicial interference based on meeting minutes from the JAC's meeting in May 2025, that was leaked in July the same year.
His selection was also said to have broken long-standing conventions by bypassing a more senior judge.
