The top judge said the JAC Act gives the prime minister the prerogative to appoint the fifth member from the apex court, without consulting the commission.

“I cannot question, and nobody can question because that is his power. So we accept it as it is.

“So, he (Terrirudin) is now one of the nine members of the commission. He attended the last meeting, and we have to move on,” he told reporters in an interview marking his 100 days in office as head of the judiciary.

Terrirudin’s appointment, effective last month, marks a departure from the longstanding practice of assigning that slot to a senior apex court judge.

The National Human Rights Society (Hakam) had urged the government to explain why Terrirudin was chosen over Justice Rhodzariah Bujang, a more senior judge, warning that the decision undermined transparency and consistency in judicial appointments.

Similarly, the Malaysian Bar called for greater transparency regarding the considerations behind the appointment, describing the process as “troubling”.

Terrirudin, 57, was the attorney-general before his elevation to the Federal Court a year ago.

Wan Ahmad Farid said Terrirudin must be assessed based on his courtroom conduct and legal decisions, not his history.

“It is about his demeanour in court, the way he handles lawyers and submissions made by opposing parties,” he said.