Bar's CJ challenge to be heard tomorrow by apex court

The highly-anticipated challenge by the Malaysian Bar and the Advocates Association of Sarawak (AAS) against the controversial appointments of two top judges will be heard tomorrow at the Federal Court.

The judges are Chief Justice Md Raus Sharif and President of Court of Appeal Zulkefli Ahmad Makinudin, who were appointed as additional Federal Court judges beyond the mandatory constitutional retirement age of 66 years and six months.

This came after a three-member bench led by  Justice Hasan Lah dismissed the Bar's application to have the Chief Judge of Malaya Justice Ahmad Ma'arop appoint an extended bench of nine to 11 retired senior judges to hear the application.

Bar president George Varughese (photo) and lawyer Steven Thiru, who is a former president, confirmed when contacted that the hearing of the application has been fixed for tomorrow.

It will be interesting to see the composition of the judges hearing this challenge, as the Bar had previously said the present Federal Court judges could be conflicted in hearing the case.

Meanwhile, lawyers for former opposition leader Anwar Ibrahim had written to the apex court yesterday for permission to hold the position of watching brief for the PKR de facto leader.

Anwar's lawyer Latheefa Koya confirmed they have written to the apex court to that effect.

In November last year, Anwar had filed a review over an apex court decision that disallowed the politician from being present in the court for an appeal hearing in his challenge against the Election Commission.

In his affidavit in support of the application, Anwar cited the Federal Court panel led by Justice Zulkefli as unconstitutional, given his controversial appointment.

It was previously reported that lawyer Mohd Haniff Khatri Abdulla was allowed to hold watching brief for former premier Dr Mahathir Mohamad. This follows Mahathir’s challenge of both Justice Raus and Justice Zulkefli's appointments previously.

Besides this, the Muslim Lawyers Association has also been allowed by the court to be an intervener in the challenge.

It was reported that the Malaysian Bar had decided to challenge the appointments in an extraordinary general meeting held on Aug 3 last year. 

On Dec 19, the High Court in Kuala Lumpur allowed the Bar's five questions pursuant to Section 84 of the Courts of Judicature Act.

The questions allowed by Justice Azizah Nawawi are:

1. Whether under Article 122(1A) of the Federal Constitution, an additional judge can be appointed on the advice of the chief justice, whose advice is to take effect after the latter's retirement;
    
2. Whether under Article 122B(2) of the Federal Constitution, the president of the Court of Appeal can be appointed upon the prime minister consulting the chief justice, whose appointment is to take effect after the retirement of the said chief justice;
    
3. Whether under Article 122(1A) read together with Article 122B(1), 122B(2) and Article 125(1) of the Federal Constitution, an additional judge can be appointed as the chief justice or the president of the Court of Appeal;
    
4. Whether the appointments of judges by the Yang di-Pertuan Agong under Articles 122(1A) and 122(1) of the Federal Constitution are justiciable; and
    
5. Whether the appointment of additional judges and thereafter of the chief justice and the president of the Court of Appeal, announced whilst they were serving judges but to take effect after retirement, violates Article 122(1), 122(1A) and 125(1) of the Federal Constitution.

-Mkini