Malaysian Bar applies to refer questions on appointment of two judges to Federal Court

KUALA LUMPUR: The Malaysian Bar has filed an application to refer the six constitutional questions concerning the appointment of Chief Justice Tun Md Raus Sharif and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin to the Federal Court.

Among the six questions was whether the advice given by former Chief Justice Tun Arifin Zakaria to the Yang di-Pertuan Agong on March 30 that Md Raus and Zulkefli be appointed as additional judges under Article 122 (1A) of the Federal Constitution, was unconstitutional and void.

Lawyer Datuk S Ambiga representing the Malaysian Bar said this to reporters after the case management before High Court Judge Datin Azizah Nawawi yesterday.

The lawyer said the AttorneyGeneral’s Chambers, on the other hand, had also filed an application to strike out the originating summons filed by the Malaysian Bar in connection with the appointment of the two judges.

“Judge Azizah set Dec 19 to hear the two applications,” she said.

The case management proceeding in chambers was also attended by senior federal counsels Datuk Amarjeet Singh, Shamsul Bolhassan and Suzana Atan representing Arifin, Md Raus and Zulkefli.

In its originating summons filed last month, the Malaysian Bar seeks a declaration that the advice of Ariffin, as the Chief Justice at the material time, to the Yang di- Pertuan Agong on March 30, that Md Raus and Zulkefli be appointed as additional judges under Article 122(1A) of the Federal Constitution, is unconstitutional and void.

It also seeks a declaration that the appointment of Md Raus as additional judge, announced on July 7, and as Chief Justice, with effect from Aug 4, are also unconstitutional and void.

It also seeks a declaration that Ariffin’s advice to the Prime Minister, upon consultation being sought, that Zulkefli be appointed as President of the Court of Appeal under Article 122B of the Federal Constitution, is unconstitutional and void.

The Bar also seeks a declaration that the appointment of Zulkefli as additional judge, announced on July 7, and as President of the Court of Appeal with effect from Sept 28, are unconstitutional and void.

Also sought are orders removing Md Raus and Zulkefli from their respective offices. — Bernama