Tag: Zulkefli Ahmad Makinudin
Federal Court sets aside judgment by another court because the judge who had written the majority decision had already resigned when the decision was read.
Bastian Pius Vendargon says Dr Mahathir Mohamad filed the legal challenge against the appointments of Raus Sharif and Zulkefli Ahmad Makinudin in his personal capacity.
The prime minister's lawyer says they will go to the Federal Court to obtain the necessary interpretation on the appointment of additional judges.
Mohamed Haniff Khatri Abdulla says this is important as the prime minister's appeal over the judges' appointments is due in court next month.
Malaysian Bar president George Varughese disputes court decision that the matter is now academic, saying the legality of the judges' appointments has not been affected by time or circumstances.
A six-man Federal Court bench says the matter is now academic as Raus Sharif and Zulkefli Ahmad Makinudin resigned from their posts in July.
A lawyer says the bench is being offered an opportunity to interpret several Articles in the Federal Constitution.
The verdict comes days after parties to the action were invited to give their opinions on whether a judgment is necessary since the judges have resigned.
The Advocates Association of Sarawak says there could be a conflict of interest.
Although both will leave office on July 31, the judgment of the seven-member bench is not academic as parties have not withdrawn their actions, says Varghese George.
Malaysian Bar president George Varughese maintains that the duo's appointments as additional judges to continue holding their posts are against the constitution.
Lawyers for Liberty berkata, cara JAC bekerja dan pelantikan pesuruhjaya dalam JAC perlu diubah kerana kebanyakan anggotanya terdiri daripada hakim besar dan kanan.
Peletakan jawatan Raus Sharif dan Zulkefli Ahmad Makinudin berkuat kuasa 31 Julai ini kerana mereka memerlukan masa untuk menyelesaikan semua urusan kehakiman.
Raus Sharif and Zulkefli Ahmad Makinudin have tendered their resignations effective July 31.
AAS president Ranbir Singh Sangha says recent developments have made it untenable for Raus Sharif and Zulkefli Ahmad Makinudin to continue holding their current posts.
Unconstitutional and wrong for anyone other than PM to summon Chief Justice, Appeal Court president or any judge, says Gopal Sri Ram.
Baljit Sidhu says this can be done as the Federal Court has yet to deliver its ruling on the appointments of Raus Sharif and Zulkefli Ahmad Makinudin as additional judges.
Lawyers for Liberty says Apandi Ali, Raus Sharif and Zulkefli Ahmad Makinuddin should go on their own and not put Malaysians through the messy and drawn-out process of having to legally remove them.
Lawyers for Selangor express concern that two judges on the bench of the Court of Appeal ran the risk of having pre-determined the issue as they had earlier decided on cases of a similar nature.
Justice Hasan Lah leads the bench after Bar fails in bid to have retired judges hear the challenge against the appointments of Chief Justice Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin.
However, no reason is given for the dismissal of the application.
Only Chief Justice Raus Sharif can decide whether retired or serving Federal Court judges should be appointed to adjudicate this matter, but how will serving judges handle the conflict between fair play and career advancement, ask lawyers.
Federal Court says it has no constitutional right to direct the chief judge of Malaya to use his discretion to advise the king to appoint retired judges to decide on the appointments of Raus Sharif and Zulkefli Ahmad Makinudin.
He is challenging the appointment of Court of Appeal president Zulkefli Ahmad Makinudin as unconstitutional