THE High Court today allowed an application by the Malaysian Bar to pose five constitutional questions to the Federal Court on the controversial terms of extensions of Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin.

The Malaysian Bar had filed a legal action to seek declarations that the appointments of Raus and Zulkefli were unconstitutional and void as the two had passed the mandatory retirement age of 66 years and six months on August 3 and September 27 respectively.

At the Kuala Lumpur High Court today, Justice Azizah Nawawi allowed the application by the Malaysian Bar to pose the constitutional questions to the Federal Court. The questions are:

• Whether under Article 122(1A) of the Federal Constitution, an additional judge can be appointed on the advice of the chief justice, which advice is to take effect after the latter’s retirement?
• Whether under Article 122B(2) of the Federal Constitution, the president of the court of appeal can be appointed upon the prime minister consulting the chief justice, which appointment is to take effect after the retirement of the said chief justice?
• Whether under Article 122(1A), read together with Article 122B(1), 122B(2) and Article 125(1) of the Federal Constitution, an additional judge can be appointed as the chief justice or the president of the court of appeal?
• Whether the appointments of judges by the Yang Di-Pertuan Agong under Articles 122(1A) and 122B(1) of the Federal Constitution is justiciable?
• Whether the appointment of additional judges and thereafter of the chief justice and the president of the court of appeal announced while they were serving judges but to take effect after retirement violates Articles 122(1), 122(1A) and 125(1) of the Federal Constitution?

The Bar, following a resolution adopted at its Extraordinary General Meeting on August 3, filed a legal action against Raus, Zulkefli and former chief justice Arifin Zakaria.

Among others, it sought a declaration that the re-appointments of Raus and Zulkefli as additional judges were unconstitutional and void. It also sought the removal of Raus and Sharif from their respective offices. 

The Bar was today represented by former presidents Steven Thiru and Ambiga Sreenavasan, while senior federal counsels Suzana Atan and Shamsul Bolhassan appeared for the Attorney-General’s Chambers.

Current Malaysian Bar president George Varghese was also present in court.

The next case management has been fixed for Jan 3. – December 19, 2017.