PUTRAJAYA must retract the appointment of Md Raus Sharif as the additional judge to the Federal Court, said Parti Amanah Negara (Amanah) lawyer Hanipa Maidin, adding that the move to extend Raus’ stint as Chief Justice is unconstitutional and a basic error that should not have occurred.

He said Article 122 (1A) states that any appointment of additional judge to the Federal Court by the Yang di-Pertuan Agong should be made with the advice of the sitting chief justice, not the former chief justice, as in the case of Raus’ appointment.

“Tun Ariffin (Zakaria, who advised the King in Raus’ appointment) has retired; he is a retired chief justice, not the chief justice. In this case, the chief justice refers to Tan Sri Raus. 

“Once Tan Sri Raus assumes the power of chief justice, he must advise the Agong to appoint the additional judge. How can he advise if it involves himself?” said Hanipa.

It is “basic and elementary” that one cannot advise the appointment of oneself due to bias and conflict of interest, he said. 

“I hope the government is willing to admit the mistake and withdraw the appointment and Raus must play a role by refusing the offer,” he said in a press conference at party headquarters today. 

Raus will remain chief justice for a further three years starting August 4 after he was appointed as an additional judge to the Federal Court last Friday.

The top judges are required to retire after attaining the age of 66 and six months but Article 122(1A) provides for the appointment of additional judges without setting an age limit.

“Notwithstanding anything in this constitution contained, the Yang di-Pertuan Agong acting on the advice of the Chief Justice of the Federal Court may appoint for such purposes or for such period of time as he may specify any person who has held high judicial office in Malaysia to be an additional judge of the Federal Court, provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of 66 years,” states Article 122(1A).

“Now the ball is in Raus’ court; he should refuse to accept the offer,” said Hanipa.

On Amanah’s plan to file a judicial review to challenge the appointment, Hanipa said the application would be filed after the Malaysian Bar has held a general meeting on the matter.

“We haven’t decided on the date yet but we are filing for it because the court is the only forum that can question the appointment.

“We want to remind all the judges that your duty is to honour and protect the constitution and not anybody else. You took an oath to protect the dignity and sanctity of the constitution,” he said. – July 10, 2017.