Apex court summons Bar over case against ex-top judges

The Federal Court has written a letter seeking certain clarifications from the Malaysian Bar which had filed a case challenging the constitutionality of the appointment of the nation's two former top judges.

The letter was addressed to the lawyers representing the Bar in the case.

Counsel Farez Jinnah said he received an e-mail from the Federal Court on the matter today.

"The seven-member bench seeks clarification and we are to appear before them next Thursday at 2.30pm.

"We do not know in what area they require clarification but we will assist the court on that day," Farez said, adding that the letter was also sent to the Attorney-General's Chambers.

It was reported that the seven-member Federal Court bench, led by Justice Hasan Lah had completed hearing the Bar's challenge on the constitutionality of the extension and appointment of then chief justice Mohd Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin beyond their mandatory retirement age of 66 years and six months.

However, the bench deferred delivering its judgment to a later date to be fixed.

The lead counsel for the Bar, Ambiga Sreenevasan (photo), had argued before the bench that the retention of Raus and Zulkelfi by the then government for another two years, despite they passing the mandatory retirement age, had undermined the independence of the judiciary.

Raus and Zulkefli vacated their posts on their own accord in July. They were replaced by Richard Malanjum as the new chief justice and Ahmad Ma'arop as the new Court of Appeal president.

Four questions

During the hearing, four questions of law were posed to the seven-member bench namely:

• Whether under Article 121(1A) of the Federal Constitution, an additional judge can be appointed on the advice of the CJ, which is advised to take effect after the latter's retirement;
   
• 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;
   
• 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
   
• Whether the appointment of additional judges and thereafter of the CJ and the COA president, announced whilst they were serving judges but taking effect after retirement, violates Article 121(1), Article 122 (1A) and Article 125(1) of the Federal Constitution.

It is possible that the apex court wants to know the Bar's position with regard to the matter, since Raus and Zulkefli have vacated their positions. -Mkini