Bar Council to challenge appointments of two top judges

KUALA LUMPUR: The Bar Council is assembling a team to challenge the appointments of two judges — one as chief justice and the other as court of appeal president.
Bar president George Varughese said the move to challenge the appointments is unprecedented.
"We urge the Chief Judge of the High Court in Malaya to assume the duties to advise the Yang di-Pertuan Agong to appoint additional judges specifically on the matter," he said at a news conference after presiding the Bar's extraordinary general meeting (EGM) here today.
He proposed for either a seven- or nine-member panel of retired federal or court of appeal judges to preside the hearing.
"The exact cause of action, whether it is going to be judicial review or an action for quo warranto, will depend on the advice of our counsel.
"Should they continue to preside, the validity (of their employment) can be challenged," he said when asked on the legal implications of the judges' appointments.
Quo warranto is a legal term for a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised.
A total of 993 lawyers attended the EGM.
The EGM was to discuss the appointments of Chief Justice Tan Sri Md Raus Sharif and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin as additional judges in the Federal Court.
Eight resolutions were passed in the two-hour meeting with the motion "On Upholding the Supremacy of the Federal Constitution and Defending the Independence on Integrity of the Judiciary".
Eight resolutions were also discussed which included:
> the appointments of the two men announced as prescribed in the Federal Constitution as null and void;
> a call for Md Raus and Zulkefli to decline the appointments;
> that so long as they remain in office, the two men shall not be invited to any social function of the Malaysian Bar or Bar Council, and Bar members are encouraged to decline social invitations from them.
Varughese said that there was "nothing personal" against the two top judges, saying it was only "a form of protest" which was similarly practised in 1988.
The controversy on the judges' appointments arose after the Prime Minister's Office announced on July 7 that the two men would be appointed as "additional" judges under Article 122 (1A) of the Federal Constitution when their extensions expire so that they could continue to serve in their positions.
On April 1, Md Raus was appointed as the 14th Chief Justice, replacing Tun Arifin Zakaria, who retired after reaching the age of 66 years and six months on March 31.
Md Raus and Zulkefli turned 66 on Feb 4 and March 28 respectively, and were already on a six-month extension of service before they were appointed to their current positions on April 1.
While Md Raus' extension ends on Thursday, Zulkefli's will end on Sept 27.