Court: Raus, Zulkefli appointments now academic
PUTRAJAYA: The Federal Court has declined to answer constitutional questions referred by the Malaysian Bar and the Advocates Association of Sarawak (AAS) over the appointments of former chief justice Tun Raus Sharif and former Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin.
A six-member bench led by Federal Court judge Tan Sri Hasan Lah dismissed the application after ruling that the matter was academic since both Raus and Zulkefli had relinquished their posts in July.
Judge Tan Sri Zainun Ali, who read out the judgment, said the court agreed that since the issues in the motion were academic, a judgment need not be issued.
“Since the matter has changed irrevocably by reason of their (Raus and Zulkefli) resignations, it is no longer tenable for the court to answer the questions posed as the basis underlying the questions no longer exists.
“We reiterate the view that it is not the function of the courts to decide hypothetical questions which do not impact the parties before them,” she said.
Zainun said the outcome of the constitutional reference would not affect the positions of the parties and there was no remedy that the court could order to give effect to the issues raised.
“For the reasons given, we accordingly dismiss these references and since this is a matter of public interest, there will be no order as to costs, here and in the court below,” Zainun said.
The other judges on the bench were Federal Court judges Tan Sri Ramly Ali, Datuk Seri Balia Yusof Wahi, Tan Sri Aziah Ali and Datuk Alizatul Khair Osman Khairuddin.
Zainun said Tan Sri Zaharah Ibrahim, who initially sat on the bench, had decided to recuse herself due to conflict of interest.
“In light of the above propositions and to maintain public confidence in the administration of justice, Justice Zaharah (who was appointed as Chief Judge of Malaya after Raus and Zulkefli’s resignation) graciously withdrew herself from the quorum, leaving us with six members,” she said.
The constitutional challenge brought by the Malaysian Bar and AAS was over the validity of the two former top judges’ appointments as additional judges to extend their tenure as the chief justice and Court of Appeal president, respectively, after they reached retirement age.