Seven-member bench hearing Bar, AAS challenge on Raus

A seven-member bench of Federal Court judges is hearing the challenge brought by the Malaysian Bar and the Advocates Association of Sarawak (AAS) on the controversial appointments of the two top judges of the country.

The Bar and AAS are challenging the appointments of Chief Justice Md Raus Sharif and Court of Appeal president Zulkifli Ahmad Makinudin beyond the constitutional mandatory retirement age of 66 years and six months.

The seven judges, none of who are Judicial Appointment Commission members, will be headed by Justice Hasan Lah, the Federal Court decided today.

Justice Hasan informed the court that this bench was empanelled by Chief Judge of Malaya Ahmad Ma'arop.

The others who will sit with him are Justices Zainun Ali, Ramly Ali, Zaharah Ibrahim, Balia Yusof Wahi, Aziah Ali and Alizatul Khairuddin Othman Khairuddin.

Besides lawyers for the Bar led by Ambiga Sreenevasan, there are those who are holding watching brief for former prime minister Dr Mahathir Mohamad and his former deputy Anwar Ibrahim.

The Muslim Lawyers Association is represented by senior lawyer Muhammad Shafee Abdullah. It has stepped in as an intervenor, which will allow it to submit on the matter.

The Attorney-General's Chambers is represented by its civil division head Amarjeet Singh.

The Federal Court will decide on four questions of law posed by the Bar and the AAS. Initially, five questions were posed, but these have since been trimmed to four.

The four questions are:

1. Whether under Article 121(1A) of the Federal Constitution, an additional judge can be appointed on the advice of the CJ, which advice is to take effect after the latter's retirement;
2. Whether under Article 121(1A) read together with Article 122B (1), Article 122B (2) and Article 125(1) of the Federal Constitution an additional judge can be appointed as the CJ or President of the COA;
3. Whether the appointment of judges by the Yang di-Pertuan Agong under Articles 122(1A) and 122B (1) of the Federal Constitution is justiciable; and
4. Whether the appointment of additional judges and thereafter of the CJ and the President of COA announced whilst they were serving judges but to take effect after retirement violates Article 121(1), Article 122 (1A) and Article 125(1) of the constitution.

At present the lawyers representing the Bar and AAS have made their submissions, with Amarjeet replying. The case is expected to take the whole day. -Mkini