Six posers from Bar to apex court on CJ, COA president's appointments

The Malaysian Bar wants six questions to be posed to the Federal Court to decide on the appointments of Justice Md Raus Sharif as chief justice and Justice Zulkefli Ahmad Makinudin as Court of Appeal president past the mandatory retirement age of 66 years and six months.

Speaking to reporters outside the Kuala Lumpur High Court this morning, the Bar's lawyers Ambiga Sreenevasan and Steven Thiru said the Attorney-General's Chambers, which is appearing for Raus (photo), Zulkifli and former chief justice Arifin Zakaria, has applied to strike out the application.

"Our application and that of the AG Chambers will be heard on Dec 19, " Ambiga said.

Earlier, Ambiga, Thiru along with senior federal counsel Amarjeet Singh, Susana Atan and Shamsul Bolhassan met with Justice Azizah Nawawi to address the matter.

The six questions proposed are: -

• Whether the advice tendered by Arifin to the Yang di-Pertuan Agong on March 30 that Raus and Zulkefli be appointed as additional judges under Article 122 (1A) of the Federal Constitution is unconstitutional and void;
• Whether Arifin's advice to the prime minister, upon being consulted as to whether Zulkefli should be appointed Court of Appeal president under Article 122B of the Federal Constitution, was unconstitutional and void;
• Whether the announcement of Raus' appointment as an additional judge on July 7 this year while he was still a serving judge was unconstitutional and void;
• Whether the appointment of Raus as chief justice of the Federal Court with effect from Aug 4 after he attained the mandatory retirement age of 66 years and six months was unconstitutional and void;
• Whether the appoitnment of Zulkefli as an additional judge announced on July 7 this year when he was still a serving judge was unconstitutional and void, and
• Whether the appointment of Zulkefli as Court of Appeal president with effect from Sept 28 this year after attaining the mandatory retirement age of 66 years six months was unconstitutional and void.

The Bar had filed the application last month to challenge the controversial appointments of both Justice Raus and Justice Zulkefli.

The decision to file the application was made during an extraordinary general meeting on Aug 3.

Besides the Bar, former prime minister Dr Mahathir Mohamad and Amanah have also filed applications to challenge the appointments.

However, it was reported that Justice Azizah had struck out Mahathir's application on Nov 6.

- Mkini