Ramkarpal: Top judges' resignations must take effect now

Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin cannot delay their resignations because their appointments were contentious, to begin with, said Bukit Gelugor MP Ramkarpal Singh.

In a statement today, Ramkarpal said it was therefore "not proper" for the duo to hang on to their positions until July 31.

"(Moreover), there is absolutely no reason for such resignations to be delayed as there are other judges who are perfectly capable of immediately being appointed chief justice and Court of Appeal president respectively," he said.

Ramkarpal also urged the Federal Court to expedite its ruling on the suit brought by the Bar Council against the appointments of Raus and Zulkefli.

"I am of the view that the said Federal Court decision is not rendered academic as a result of the said resignations as it is necessary for a judicial pronouncement to be made as to the legality of such appointments in order to avoid a repetition of same in the future.

"The Federal Court must fix a date for decision of the said matter as soon as possible now, in light of the resignations," he said.

Last December, the Bar Council had sought several declarations from the Federal Court to invalidate Raus' and Zulkefli's extension of service, initiated under the Najib Abdul Razak administration. 

The chief argument was that their reappointments were in violation of Article 122(1A) of the Federal Constitution, which stipulates that a judge must retire at the age of 66 years and six months.

Following BN's ouster from Putrajaya, there have been repeated calls for Raus and Zulkefli to step down, including by Putrajaya's advisory body known as the Council of Eminent Persons.

Eventually, Raus and Zulkefli tendered their resignations to the Yang di-Pertuan Agong last Thursday but it would only take effect on July 31, on grounds that the duo still had matters to attend to.

In another development, Ramkarpal argued that it was wrong for Prime Minister Dr Mahathir Mohamad to defend the council for demanding for Raus and Zulkefli's resignation.

"The Council of Eminent Persons is appointed by the government and its actions are ostensibly the actions of the government.

"When it summons judges and demands their resignations, it will be seen as the government demanding their resignations, which is in complete disregard of the principle of separation of powers.

"It is a basic hallmark of any democracy that the executive does not interfere in the affairs of the judiciary," Ramkarpal added. - Mkini