CHIEF Justice Md Raus Sharif could be removed by a special tribunal should he choose not to resign, said lawyers.

A judge of the Federal Court can be removed by a tribunal of five judges appointed by the King on the advice of the prime minister, under Article 125(4) of the federal constitution.

Article 125(3) empowers the prime minister to make a representation to the King to remove a judge, who may then appoint a tribunal and on the recommendation of the tribunal, remove the judge from office. Pending the outcome of the tribunal, the king, on advice of the prime minister, may suspend from the exercise of his functions.

It further states that a judge can removed on the ground of “any breach of any provision of the code of ethics” or “on the ground of inability, from infirmity of body or mind or any other cause” that keeps him from properly discharging the functions of his office.

“The tribunal shall consist of judges of High Court status and above either local or from the commonwealth,” said Universiti Malaya law lecturer Azmi Sharom.

Bar Council constitutional law committee co-chairman Surendra Ananth said it would help to first study Raus’ contract appointing him as additional judge, which had allowed his term to be extended in the first place.

“The issue is that the current chief justice is on contract as an additional judge; it could be argued that the provisions above do not apply to him as security of tenure is until retirement.

“It might be useful to look at his contract appointing him as an additional judge. But I can’t give an affirmative view on whether the special provisions on dismissing a federal court judge would apply to an additional judge,” Surendra said, adding that it could be argued such provisions are to ensure security of tenure.

A judge of the federal court has security of tenure until 66 years and six months.

Such a tribunal may also risk being perceived as tampering with the courts, if poorly executed.

“It is all very open ended and yes, it is of course interference with the judiciary. This is what Dr Mahathir Mohamad did to Salleh Abbas in 1988!” said Azmi, referring to the sacking of the former Lord President that had led to a judicial crisis.

Prime Minister Dr Mahathir Mohamad today summoned Raus to Putrajaya for a meeting. The prime minister also met with former attorney-general Abdul Gani Patail at the Perdana Leadership Foundation.

Raus was scheduled for mandatory retirement on August 4 last year but had his term extended by three years.

Dr Mahathir, Amanah and the Malaysian Bar had filed separate challenges against the appointment of Raus and Court of Appeal president Justice Zulkefli Ahmad Makinudin, saying their term extensions were unconstitutional for exceeding mandatory retirement age. – May 15, 2018.