Govt again objects to challenge to nullify CJ’s appointment
The legal papers were filed yesterday in response to Amanah’s challenge to Raus Sharif’s position, but government lawyer Suzana Atan declines to reveal the grounds for the objection.
KUALA LUMPUR: The government is objecting to Amanah’s leave application for a judicial review to nullify the appointment of Raus Sharif as additional judge and chief justice.
Government lawyer Suzana Atan said the objection was filed yesterday and served on the lawyers representing the opposition party today.
However, she declined to reveal the grounds for the objection.
“We cannot say anything as it is a chambers matter,” she told FMT.
Lawyer Nazratun Naim Hammad Azizi confirmed that a copy of the legal papers was given to her.
“We asked for a short adjournment to study and reply to the objection,” said Nazratun who was assisted by Sharifah Asma’ Syed Azman.
Justice Azizah Nawawi, who allowed the postponement, will hear the objection on Dec 7.
On Nov 1, Amanah assistant secretary Abang Ahmad Kerdee Abang Masagus filed an application that required Raus to justify under what authority he was exercising his powers as additional judge and to remain as chief justice after retirement.
In the quo warranto application, Abang Ahmad wants a declaration that Raus’ appointment as additional judge, under Article 122 (1A) of the Federal Constitution, is unlawful.
Abang Ahmad also wants a declaration that Raus’ continued service as chief justice is illegal under Article 125.
On July 7, the government announced in a media statement that Raus would remain in office for another three years from Aug 4, while Court of Appeal (COA) President Zulkefli Ahmad Makinudin would remain in that post for another two years from Sept 28.
Both were appointed as CJ and COA president on April 1 and were scheduled to retire on Aug 3 and Sept 27 respectively upon reaching the mandatory retirement age of 66 years plus six months.
Abang Ahmad said Raus could only hold the position of chief justice if he was a Federal Court judge, but one who had yet to attain the retirement age.
He said he was advised by his lawyer that Raus could not be appointed again to lead the judiciary by being made additional judge.
On Nov 6, Azizah had dismissed former prime minister Dr Mahathir Mohamad’s judicial review to revoke the appointments of Raus and Zulkefli on grounds the prime minister had no legal duty under the constitution to advise the king to revoke the appointments.
Mahathir has filed an appeal in the Court of Appeal.
The government is also blocking the Malaysian Bar’s originating summons to challenge the appointments of Raus and Zulkefli.
The Bar wants Azizah to refer its case straight to the Federal Court for a decision as serious constitutional issues have arisen.
Azizah will hear the objection, and the Bar’s application on Dec 19.
Meanwhile, opposition leader Anwar Ibrahim had, on Nov 10, filed a review to set aside the decision of a three-man Federal Court bench which refused him permission to be present in court to follow his civil case.
The opposition leader now claims the bench was illegally constituted as Zulkefli’s appointment was unconstitutional.
Anwar said the sitting amounted to a coram failure as a minimum of three judges was necessary to make a decision under Section 74 of the Courts of Judicature Act.
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He said as the chairman – Zulkefli – was disqualified from sitting, that provision had not been complied with. No date has been fixed yet to hear the case.