Lawyer Syed Amir Syakib Arsalan Syed Ibrahim told FMT the suit challenges the validity of the process defined by Parliament for the recommendation of candidates for appointment as superior court judges and their promotion within the judicial hierarchy.
He said sealed copies of the cause papers would be served today on the government and JAC, both named respondents in the suit.
The action was filed by solicitors Syed Ibrahim & Co at the High Court here two days ago.
In his application, Syed Amir contends that the powers conferred on the nine-member commission violate the doctrine of separation of powers and the basic structure of the constitution.
He seeks a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the Federal Constitution.
Article 122B states that judges and all administrative position holders shall be appointed by the Yang di-Pertuan Agong acting on the prime minister’s advice, after consultation with the Conference of Rulers.
Under the JAC Act, the commission proposes the nomination of judges to the High Court, Court of Appeal, and Federal Court.
It also recommends nominees for the posts of chief justice, Court of Appeal president, chief judge of Malaya, and chief judge of Sabah and Sarawak as and when they fall vacant.
Syed Amir wants an interim stay on all judicial appointments pending the disposal of the suit. He is also asking for other reliefs deemed necessary and in the interest of justice.
The lawyer claims the legislation is inconsistent with Article 4, which states that the written constitution is the supreme law of the land.
He said the commission limits, restricts, dilutes or interferes with the constitutional function of the prime minister and the king.
Syed Amir also argued that the act violates the doctrine of separation of powers by allowing an unelected statutory body – appointed and influenced by the executive – to interfere in judicial selection.
He added that the act contravenes international standards of judicial independence.
The lawyer said the issue of judicial independence and constitutional compliance affects all Malaysians, as an independent judiciary is fundamental to the rule of law and the protection of fundamental rights.
Yesterday, Prime Minister Anwar Ibrahim acknowledged the lawsuit filed by the lawyer.
He said Putrajaya respects the right of any individual to seek the court’s interpretation of the constitution, but would defend the legitimacy of the act in court. - FMT
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