Malaysia: Court to decide Oct. 5 on challenge to judicial appointment

The Malaysian Bar Council is seeking to challenge the appointment of Federal Court Justice Tan Sri Ahmad Terrirudin Mohd Salleh to the Judicial Appointments Commission (JAC). The High Court heard arguments from the government on Tuesday, with Senior Federal Counsel Shamsul Bolhassan representing the Attorney General's Chambers.

“

Section 5(1)(e) of the JAC Act stipulates only two conditions for membership: the individual must be a Federal Court judge and the appointment must be made by the Prime Minister.

Shamsul argued that the Bar Council has not demonstrated any violation in the appointment process. He cited Section 5(1)(e) of the JAC Act, which stipulates only two conditions for JAC membership: being a Federal Court judge and appointment by the Prime Minister. Shamsul contended that Ahmad Terrirudin, as one of several JAC members, cannot unilaterally influence judicial appointments.

He further explained that the JAC's role is to provide recommendations, while the ultimate power to appoint judges rests with the Yang di-Pertuan Agong (King) acting on the Prime Minister's advice. The government's position is that the appointment adheres to constitutional provisions.

“

The respondent is merely a member of a commission comprising several members and cannot unilaterally influence judicial appointments.

The Bar Council's judicial review application, filed on February 12, names Ahmad Terrirudin, Prime Minister Datuk Seri Anwar Ibrahim, the JAC, and the Malaysian Government as respondents. The council seeks to quash the Prime Minister's decision to appoint Ahmad Terrirudin and declare the appointment unlawful. They also request a mandamus order compelling the Prime Minister to appoint a fifth JAC member in line with the law and another mandamus order for the JAC to investigate allegations against Ahmad Terrirudin and disclose the findings.

“

JAC only performs the role of providing recommendations, and the appointment of judges remains under the constitutional power of the Yang di-Pertuan Agong, who acts on the advice of the Prime Minister.

Lawyer Steven Thiru, representing the Bar Council, argued that the challenge concerns the JAC's composition and the exercise of statutory powers, asserting a prima facie case warrants consideration. The court is scheduled to deliver its decision on October 5 regarding the leave application for the judicial review.

“

There is a prima facie case that this court should consider. Accordingly, we request the court to grant leave for this judicial review application to be heard.