Not PM's duty to advise Agong to revoke CJ's appointment

The High Court in Kuala Lumpur today ruled that Prime Minister Najib Abdul Razak has no statutory duty to advise the Yang di-Pertuan Agong to revoke the appointments of Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin as additional judges.

Justice Azizah Nawawi delivered the decision on an application filed by former premier Dr Mahathir Mohamad to seek an order of mandamus to compel Najib to advise the Agong, on grounds that they were appointed past the retirement age of 66 years and six months.

Mahathir's lawyer Haniff Khatri Abdulla said the court agreed that the law allows a judicial review application to be made for a mandamus order to direct a public officer to do a certain task.

"But the judge is (also) of the view that the order can only be granted if there is a written law that makes the (particular) task mandatory.

"So, in this case, the judge ruled that the mandamus order cannot be granted because there is no legislation that stated the PM must advise the Agong on the legality of the appointments,” he told reporters after the judge pronounced her oral judgment in chambers.

Haniff added that he has also received instructions to file an appeal against the decision.

Senior federal counsel Alice Loke, who appeared for Najib and the two judges, also told reporters that Justice Azizah has dismissed Mahathir's application for leave with no order to cost.

Mahathir had filed a judicial review application last August to challenge the appointment of Justice Md Raus as the chief justice and another application last month against Justice Zulkefli.

In his application, Mahathir also wanted the court to order Justice Raus and Justice Zulkefli to suspend their duties as chief justice and Court of Appeal president respectively until further order by the court.

Mahathir cited Article 125(1) of the Federal Constitution which stipulates that a judge cannot serve beyond the 66 years and six months mandatory retirement age, while Article 122(1A) stipulates that the appointment as an additional judge in the Federal Court cannot be made before the person retires.

He claimed that the constitution does not allow any of the Federal Court judges, appointed as an additional judge, to hold the top four posts in the judiciary.- Mkini