CJ declines to recuse himself in historic application by Bar, two others

Source: FMT News 

PUTRAJAYA: No one in Malaysia’s legal history has ever applied for a chief justice to recuse himself from hearing a case – until today.

The Malaysian Bar and two government critics today applied to disqualify Chief Justice Raus Sharif from hearing their leave applications in their case against the attorney-general’s failure to prosecute Prime Minister Najib Razak over the RM2.6 billion donation.

However, the three-man bench of the Federal Court, chaired by Raus himself, dismissed the application, saying there was no merit to the case.

“However, rest assured that any decision will be made with two others based on facts and law,” he told lawyers for the applicants.

Others on the bench were justices Ahmad Maarop and Azahar Mohamed. Read more

The Appointments of the Chief Justice and the President of the Court of Appeal as Additional Judges are Unconstitutional and Unprecedented — Malaysian Bar

Source: The Malaysian Bar


The appointments of YAA Tan Sri Dato’ Seri Md Raus Sharif, Chief Justice of the Federal Court of Malaysia (“current Chief Justice”) and YAA Tan Sri Dato’ Seri Zulkefli Ahmad Makinudin, President of the Court of Appeal, as additional judges have the effect of keeping them in judicial office beyond the age limit of 66 years and 6 months prescribed in the Federal Constitution, and is troubling.

The appointments are purportedly pursuant to Article 122(1A) of the Federal Constitution, on the advice of the then-Chief Justice, YAA Tun Dato’ Seri Arifin Zakaria (“former Chief Justice”) on 30 March 2017, a day before his retirement.

The Malaysian Bar is of the considered view that these appointments are blatantly unconstitutional.

It is unambiguously stipulated in Article 125(1) of the Federal Constitution that “a judge of the Federal Court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve”. Read more