Malaysian Bar wel­comes the res­ig­na­tions of Raus, Zulke­fli

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KUALA LUMPUR: The Malaysian Bar is glad to note the res­ig­na­tion of Chief Jus­tice (CJ) Tun Md Raus Sharif and pres­i­dent of the Court of Ap­peal ( PCA) Tan Sri Zulke­fli Ah­mad Mak­in­udin.

Malaysian Bar pres­i­dent Ge­orge Varugh­ese in a state­ment is­sued here yes­ter­day said their res­ig­na­tion could be taken as a con­ces­sion that their ap­point­ments as CJ and PCA were in breach of the Fed­eral Con­sti­tu­tion.

How­ever, as Raus (the then-CJ) and Zulke­fli (the then-PCA) were first ap­pointed as ad­di­tional judges of the Fed­eral Court, and there­after to con­tinue as CJ and PCA, re­spec­tively, this begs the ques­tion whether they have also re­signed as ad­di­tional judges. The Malaysian Bar has at all times taken the po­si­tion that the ap­point­ments – as ad­di­tional judges, and to con­tinue to hold the po­si­tions of CJ and PCA – were bla­tantly un­con­sti­tu­tional. Ge­orge Varugh­ese, Malaysian Bar pres­i­dent

“How­ever, as Raus (the then- CJ) and Zulke­fli (the then-PCA) were first ap­pointed as ad­di­tional judges of the Fed­eral Court, and there­after to con­tinue as CJ and PCA, re­spec­tively, this begs the ques­tion whether they have also re­signed as ad­di­tional judges.

“The Malaysian Bar has at all times taken the po­si­tion that the ap­point­ments – as ad­di­tional judges, and to con­tinue to hold the po­si­tions of CJ and PCA – were bla­tantly un­con­sti­tu­tional.

“It is for this rea­son that we had at the out­set called upon Raus and Zulke­fli to de­cline the ap­point­ments as ad­di­tional judges, and to con­tinue to hold the po­si­tions of CJ and PCA, and con­se­quently filed a le­gal ac­tion seek­ing dec­la­ra­tions that the said ap­point­ments are un­con­sti­tu­tional and void,” he added.

Ac­cord­ing to a state­ment re­leased Wed­nes­day by the Of­fice of the Chief Registrar of the Fed­eral Court, Raus and Zulke­fli ten­dered their res­ig­na­tions to the Yang diPer­tuan Agong on June 7 with the res­ig­na­tion tak­ing ef­fect on July 31. — Ber­nama

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