DARK CONSPIRACY IN RESIGNATION OF NAJIB’S DISGRACED TOP 2 JUDGES? IS DELAYED QUIT DATE OF JULY 31 TO BLOCK RICHARD MALANJUM OR ZAINUN ALI FROM BEING PICKED AS NEW CJ?

Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin have tendered their resignation.

According to a press statement, the top two judges sent their letter of resignation to the Agong on June 7.

Their resignation will take effect on July 31 – MKINI

Sri Ram: Top judges’ July 31 timeline depriving others chance to serve

Former Federal Court judge Gopal Sri Ram considers the July 31 date set for the resignation of Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin to come into effect as too long.

Sri Ram said this is especially as the legal profession, the public as well as prime minister Dr Mahathir Mohamad wanted the duo out.

“Given that their appointments are under a cloud they should go at once. Maybe even after Hari Raya (Aidilfitri).

“By postponing their departure they are hurting the chances of Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judge Zainun Ali from serving the country as CJ (chief justice),” he told Malaysiakini. 

It was reported today that Justices Raus and Zulkefli tenderedtheir respective resignations to the Yang di-Pertuan Agong on June 7.

In a statement, chief registrar of the Federal Court stated that the resignations of the two top judges would only come into effect on July 31, a date “deemed reasonable to ensure all their duties are completed.”

Meanwhile, both Justice Malanjum and Justice Zainun are presently 65. The constitutionally mandated retirement age for judges is 66 and six months.

Sri Ram ,along with former CJ Abdul Hamid Mohamad, have been seeking the removal of Justice Raus and Justice Zulkefli (bottom, right to left) as they objected to the appointment of the duo as additional judges, and the extension of their tenure to three and two years respectively, ahead of mandatory retirement.

Extending retirement age 

Top judges are required to retire after attaining the age of 66 and six months. However, Article 122(1A) of the Federal Constitution provides for additional judges which do not have an age limit.

Besides this, the Malaysian Bar had also put forward its case before a seven-panel bench to question the constitutionality of the their appointments as additional judges, with the panel headed by Federal Court judge Hasan Lah deferring its decision.

Besides Justice Raus and Justice Zulkefli, the third in line in the judiciary is Chief Judge of Malaya Justice Ahmad Ma’arop.

Bukit Gelugor MP Ramkarpal Singh had today also called out the lengthy resignation period, seeing as how their appointments were contentious to begin with.

Sri Ram further said that should the present government get the two-third majority in Parliament, which he said appeared likely, then the Federal Constitution could be amended to increase the mandatory retirement age to 70, in which Justice Malanjum and Justice Zainun would not be prejudiced.

“Notwithstanding that possibility Justice Raus and Justice Zulkefli should go at once,” he said.

Both Justice Malanjum and Justice Zainun were the dissenting judges in The Herald Catholic Weekly case over the use of the word Allah.

Justice Zainun also wrote the unanimous decisionjudgment in the Semenyih Jaya Sdn Bhd and M Indira Gandhi case where it ruled that the powers of judicial reviews accorded to civil courts was untouchable, even by legislation. – MKINI

MKINI