Malaysian Bar president George Varughese questions the chief justice and appeals court president appearing as judges in the panel with their subordinates.
Malaysian Bar president George Varughese (second from right) with other senior members of the Bar today.
KUALA LUMPUR: The Malaysian Bar said Chief Justice Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin should sit out the Federal Court panel hearing a constitutional challenge by the Bar and the Advocates Association of Sarawak against their appointment.
Bar president George Varughese said this was because the duo were appearing as litigants before their subordinates.
“Would the two judges exert authorities to any seven judges who sat with him? They are their bosses after all,” he told a press conference after the Bar’s annual general meeting today.
Seven Federal Court judges – Hasan Lah, Ramly Ali, Zainun Ali, Zaharah Ibrahim, Balia Yusof Wahi, Aziah Ali, and Alizatul Khair Osman Khairuddin – have heard the legal challenge on Raus and Zulkifli’s appointments on March 14 and reserved their judgments.
Other judges in Federal Court who were not involved in the legal challenge are Azahar Mohamed and Jeffrey Tan as well as the Chief Judge of Malaya Ahmad Maarop and Chief Judge of Sabah and Sarawak, Richard Malanjum.
Earlier this month, the Federal Court chaired by Hasan ruled that it has no power to order Chief Judge of Malaya to advise the Agong to have a special panel of retired judges to hear the validity of Raus and Zulkefli’s appointment.
The court said under Article 122 (1A) of the Federal Constitution, it was the CJ who has the sole discretion to advise the king to appoint additional judges.
“No one else, not even the court, has the constitutional right to direct or dictate that discretion to be exercised,” Hasan had said.
The Bar had previously wanted a group of retired judges to hear their legal challenge against Raus and Zulkefli.
They also took the position that serving Federal Court judges should not hear the matter as it would be a conflict of interest.
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