Muslim lawyers group wants to assist in appointment of CJ case

It says a rare constitutional issue has cropped up.

PETALING JAYA: The Muslim Lawyers Association wants to be a party in the legal challenge to nullify the appointments of the two most senior judges in the country as there are numerous ways of interpreting the Federal Constitution.

Its president, Zainul Rijal Abu Bakar said as such, the association’s stand might or might not be in line with the Malaysia Bar which had filed an originating summons to challenge the appointments of Chief Justice Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin.

“Therefore, we also want to give our views to assist the court to come to a decision,” he told FMT in response to the association being given the right, for the first time, to intervene in such a matter.

Zainul said the constitution could be interpreted literally, purposively, expressly or impliedly to determine the appointment of Raus and Zulkefli.

He said the ruling would have an impact on the association’s members, who consisted of practising lawyers and non-practitioners such as shariah law graduates and law lecturers.

He said as a legally interested body, the association was attracted to the proceeding as a rare constitutional issue had cropped up.

Zainul said in the past, the association had only participated as amicus curae (friend of the court) on public interest issues.

Last week, the High Court allowed the Bar and the government to refer to the Federal Court to determine the validity of the appointments of Raus and Zulkefli as additional judges and to remain in their current administrative posts.

On Oct 10, the Bar filed an action to seek several declarations and named former chief justice Arifin Zakaria, Raus and Zulkefli as respondents.

The government, in a media statement, announced on July 7 that Raus would remain in office for another three years from Aug 4, while Zulkefli would remain in his post for another two years from Sept 28.

They were appointed as chief justice and Court of Appeal president on April 1 and were scheduled to retire on Aug 3 and Sept 27 respectively, upon reaching the mandatory retirement age.

Bar secretary Chan Weng Kang, who affirmed an affidavit in support of the action, said Raus and Zulkefli could not remain as chief justice and Court of Appeal president respectively beyond the retirement age.

He said Article 122 (1) of the Federal Constitution was clearly worded and an additional judge could not be appointed to an administrative post.

Chan said Article 122 (1A) stated that a candidate for additional judge must have held high judicial position in Malaysia and the appointment must be made after retirement.

The Bar said it was also unconstitutional for Prime Minister Najib Razak to participate in the decision-making process as he was currently an active litigant in several cases. -FMT