CHIEF Justice Raus Sharif has defended his term extension and reappointment as the country’s top judge as constitutional while admitting that it was “unprecedented”.
“As far as we are concerned (our appointments are constitutional)... but of course, this is unprecedented,” Raus said at a press conference at the Palace of Justice in Putrajaya today, Malaysiakini reports.
Raus was sworn in as chief justice last night despite being past the mandatory retirement age of 66 years and six months, which lawyer groups, including the Malaysian Bar, have called unconstitutional, saying that they will legally challenge it.
“We respect their views,” Raus told reporters today.
“They have their own views on this but they also have to respect the views of the court because there are two views on this, on whether it is constitutional or otherwise.
“So, they can file their case in court, and let the court decide who is right, (and) who is wrong,” he said.
The Bar at its extraordinary general meeting on Thursday also passed a motion barring its members for social interactions with Raus and Court of Appeal president Zulkefli Ahmad Makinudin, who also received a term extension beyond the mandatory retirement age.
Raus said he had no issues being excluded from the Bar’s social events.
He said despite the ban, members of the Bar will still be invited for the opening of the legal year, an annual ceremony.
“Whether they want to come, it is up to them. We have no problems,” he said.
Bar president George Varughese earlier said the opening of the legal year is considered an official function in the legal calendar but will most likely attend the event.
The appointment of Raus and Zulkefli in extends their tenures by three and two years respectively. Their names were proposed to the Agong by former chief justice Arifin Zakaria before he retired on March 31 and the announcement on the extensions was made by the Prime Minister’s Office on July 7.
When Arifin retired, Raus was appointed as chief justice on April 1.
Raus was originally slated to resign on Thursday, having reached the age of 66 years and six months, the term limit for a Federal Court judge. Zulkefli was originally set to retire on September 27. – August 5, 2017.
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Comments
All he could say in self-defence is irrelevant street-level talks such as: “this appointment is unprecedented, so it is natural to have differences of opinion”; “lawyers always disagree, so it is best to let the court decide”.
What about heavy weight constitutional issues like the abuse of Article 122(1A) of the Federal Constitution (for appointment of additional judge) to frustrate the age limitation imposed under Article 125 (1)? The dubious constitutionality of former CJ Ariffin’s advice to the Agong on future appointment of additional judges well beyond his tenure of office?
If Raus appointment is legal and constitutional, what is there to prevent the CJ, the president of appeal court and indeed all federal court judges from extending their services into their seventies and eighties in age – by just using the formula applied to the extension of services given to Raus Sharif and Dzulkefli Makinudin (President of Appeal Court) now?
Can Raus and Dzulkefli see how ridiculous are their current appointment now?
While they have the liberty to forego their honour and dignity, they have no right to drag the reputation of the entire judiciary and the country through the mud.
Posted 6 years ago by Kim quek · Reply