AMANAH today sought Md Raus Sharif to justify his appointment as an additional judge but retaining his post as chief justice, in the latest legal challenge against the top judicial post in the country.

In the quo warranto application filed at Kuala Lumpur High Court today, Amanah deputy secretary-general Abang Ahmad Kerdee Abang Masagus wanted a declaration that Raus’ appointment as an additional judge of the Federal Court under Article 122 (1A) of the constitution was unlawful.

Abang Ahmad also demanded declaration that Raus’ appointment as chief justice was illegal under Article 125.

Amanah lawyer Mohamed Hanipa Maidin said his client wanted Raus to explain under what authority he held the position as additional judge and chief justice.

“We are not challenging the decision-making process of the appointment, but instead question Raus’ authority to remain in both positions,” said Hanipa, who is also Sepang MP.

He said his client needed permission from the court before the case was heard.

In July, Raus was appointed as additional judge in the Federal Court for three years, which was effective on August 4.

His appointment as an additional judge was to enable him to remain as chief justice beyond the mandatory retirement age of 66 years and six months.

Court of Appeal President Zulkefli Ahmad Makinudin was also appointed as an additional judge, but for two only years, from September 28. This paved the way for him continue being president of the Court of Appeal.

Abang Ahmad said Raus could be the chief justice only if he was a federal court judge who had not reached retirement age.

He said he was advised by his lawyer that Raus could not be appointed to the top judicial post if he was just an additional judge.

Abang Ahmad said only a chief justice who was still in office could recommend to the Yang di-Pertuan Agong the appointment of additional judges. 

Former chief justice Arifin Zakaria, who retired on March 31, said he only proposed to the Yang di-Pertuan Aging that Raus and Zulkelfi be made additional judges. 

On August 9, former prime minister Dr Mahathir Mohamad filed an application seeking to compel Prime Minister Najib Razak to advise the Yang di-Pertuan Agong to revoke Raus’ appointment as an additional judge and chief justice. 

On August 3, the Malaysian Bar voted overwhelmingly in favour of a no-confidence motion against Raus and Zulkefli, and had received a mandate to take legal actions against both of them.

Bar president George Varughese had said a Federal Court judge should not preside over the case as there would be a conflict of interest.

He urged Chief Judge of Malaya Ahmad Maarop to invoke Article 131A of the constitution, with Section 9 of the Courts of Judicature Act 1964, which allowed the next highest-ranked judge to exercise the powers of the chief justice in the event the top judge was unable to carry out his duties.

He said due to the incapacity of Raus and Zulkefli to carry out their duties, Ahmad as the next highest-ranked judge, could exercise the powers of chief justice and advise the King. – November 1, 2017.