Amanah secretary-general files judicial review against Chief Justice

01 Nov 2017 / 17:18 H.

KUALA LUMPUR: Parti Amanah Negara's deputy secretary-general Abang Ahmad Kerdee Abang Masagus today filed a judicial review over the appointment of Tan Sri Md Raus Sharif as additional judge and as the Chief Justice (CJ).
Abang Ahmad Kerdee filed the review application through lawyer Mohamed Hanipa Maidin.
Mohamed Hanipa told reporters that they are challenging the appointment of Md Raus as additional judge and the CJ.
He said they are also applying for "quo warranto" (a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised).
"We are not challenging the Agong, we are challenging the appointee," he said.
Mohamed Hanipa said Md Raus has to show cause under what authority he is holding the office.
"We are contending both appointments are invalid because it is against Article 122 (1A) of the Federal Constitution," he said.
In the application, Abang Ahmad Kerdee is seeking for a declaration that the appointment of Md Raus as additional judge and CJ on Aug 4, 2017 under Article 122 (1A) of the Federal Constitution is unconstitutional.
Abang Ahmad Kerdee is applying for leave for judicial review to obtain "writ quo warranto" to ask Md Raus to show cause or provide verification for the basis or authority by which he is holding the position as additional judge and CJ.
He is seeking leave to obtain an order to cancel his appointment which came into effect on Aug 4 and also a mandatory injunction order to prevent Md Raus from executing his duty as additional judge or CJ.
He is also seeking costs and other reliefs deemed fit by the court.

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