THE Palace of Justice is abuzz with news that Malaysia’s top judges are on the way out.

‎Both Chief Justice Md Raus Sharif and Chief Judge of Malaya Zulkefli Makinuddin have not been hearing cases in recent days and several cases at the Federal Court and Court of Appeal last week, which were supposed to be presided by them, were postponed.

Their departure would not come as a surprise because both judges had their appointments extended under controversial circumstances last year.

In July, the Prime Minister’s Office announced that Raus’ term as the CJ would be extended for three years, taking him past the mandatory retirement age.

Zulkefli was also given an extension.

These extensions were challenged as unconstitutional by the Bar Council, the Advocates Association of Sarawak and Pakatan Harapan (PH)‎.

‎In August last year, PH chairman Dr Mahathir Mohamad sought leave for a judicial review. He wanted the court to compel then prime minister Najib Razak to advise the Yang di-Pertuan Agong to revoke Raus’ appointment. His application was struck out.

But the fortunes of Raus and Zulkefli nose-dived with the fall of Najib and Barisan Nasional on May 9.

Dr Mahathir and the PH government have made establishing the rule of law and strengthening the country’s institutions as key pillars of their reform agenda.

Against this backdrop, it would be untenable for two senior judges whose appointments are unconstitutional to remain as CJ and CJM indefinitely.

‎When contacted, Jumaira Marzuki, the chief registrar of the Federal Court, declined to say whether the postponement of some appeal cases were due to the fact that Raus and Zulkefli had stood down.

“I don’t have the authority to disclose any information on that,” said Jumaira.

‎She also declined to comment whether Raus or Zulkefli were still hearing cases.

Lawyer Gurdial Singh confirmed that all Federal Court cases last week were postponed. – May 23, 2018.