Top 2 judges should not sit with 7 colleagues in other cases, says Malaysian Bar

Bede Hong Bede Hong Updated 8 years ago · Published on 17 Mar 2018 8:03PM · 1 Comments

Malaysian Bar president George Varughese says the Chief Justice and the Court of Appeal president should not sit on the same bench with 7 of their colleagues who are deciding on the constitutional merits of their appointments. – The Malaysian Insight file pic, March 17, 2018.

THE Chief Justice and the Court of Appeal president should not sit on the same bench, in other cases, as the judges who are deciding the constitutional merits of their appointments, said Malaysian Bar President George Varughese.

Seven Federal Court judges are hearing the Bar’s legal challenge against the appointments of Chief Justice Raus Sharif and Court of Appeal President Zulkefli Ahmad Makinudin.

They are Justices Hasan Lah, Zainun Ali, Ramly Ali, Azahar Mohamed, Zaharah Ibrahim, Balia Yusof Wahi, Aziah Ali and Alizatul Khair Osman Khairuddin.

Varughese agreed with calls by senior members in Bar’s annual general meeting in Kuala Lumpur today that Raus and Zulkefli do not serve with the seven judges in other cases.

“There is merit to the view simply because the CJ (Chief Justice) and PCA (President of the Court of Appeal) are indeed litigants as far as the constitutional reference is concerned,” he said when asked by a reporter after the AGM.

“At the very least, until the decision with respect to the constitutional reference is delivered, it would be better and advisable that the CJ and PCA should not be sitting on any panel that involves these seven judges.

“The perception is not right. Would he then exert his authority over these judges because after all he’s their boss?”

Asked on whether lawyers could ask for any of the judges to recuse themselves, Varughese replied: “That is entirely up to the lawyers appearing before them.”

Varughese earlier said that the Bar had not protested to the appointment of Federal Court judges to hear the Bar Council’s challenge as the issue had been “ventilated” earlier.

At a notice of motion on March 2, the Bar had requested that the courts compel Chief Judge of Malaya Ahmad Maarop to advise the Yang di-Pertuan Agong to appoint retired judges to hear its challenge.

The Federal Court ruled that the decision was the sole discretion of Ahmad. The Bar had written a letter to Ahmad on March 6 requesting him to advise the King to appoint retired judges.

Ahmad replied on March 9, saying he would appoint Federal Court Judges instead, Varughese said. – March 17, 2018.

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  • Lawyers are now telling judges what is right and what is not ... great ....notice how the period of najib’s rule seem to one where things are turned upside down...these days you don’t know who leads and who follows, who are the cops and who are the thieves , or whether it is the dog that wags the tail or the tail that wags the dog .... thank god for money ... if not for money, I think no one would know which is wrong or right or left anymore ... ( p/s: the side with the money is the side that is right , and after the dust clears, if you still have a lot of money left, you are not wrong )

    Posted 8 years ago by Nehru Sathiamoorthy · Reply