Federal Court to decide on Raus’ and Zulkefli’s appointments

PUTRAJAYA: The Federal Court will deliver on Monday its decision on the validity of the appointment of two former top judges as additional judges.

Farez Jinnah, the lawyer representing the Malaysian Bar, said he received a letter on Sept 14 from the Federal Court registry informing the decision date.

Last week, a Federal Court seven-man bench, chaired by Tan Sri Hasan Lah, sought parties in the matter to give their opinions on whether the court should deliver its judgment since Tun Raus Sharif and Tan Sri Zulkefli Ahmad Makinudin had relinquished their posts as chief justice and Court of Appeal president.

On March 14, the bench reserved its decision on the constitutional challenge after hearing submissions from the parties.

Others on the bench are Chief Judge of Malaya Tan Sri Zaharah Ibrahim and Federal Court judges Tan Sri Zainun Ali, Tan Sri Ramly Ali, Datuk Sri Balia Yusof Wahi, Tan Sri Aziah Ali and Datuk Alizatul Khair Osman Khairuddin.

The High Court allowed the Malaysian Bar and the Advocates Association of Sarawak to refer five constitutional questions to the Federal Court to determine the validity of the appointment of Raus and Zulkefli as additional judges.

In its originating summons, the Malaysian Bar sought a declaration that Tun Arifin Zakaria’s advice as the chief justice, at the material time, to the Yang di-Pertuan Agong on March 30 last year that Raus and Zulkefli be appointed as additional judges under Article 122 (1A) of the Federal Constitution was unconstitutional and void.