Bar fails in bid to challenge Terrirudin’s appointment to JAC

Bar fails in bid to challenge Terrirudin’s appointment to JAC

3 hours ago

Faisal Asyraf

The High Court rules that the requirements under Section 5(1)(e) of the JAC Act 2009 had been met in Ahmad Terrirudin Salleh’s appointment.

Ahmad Terrirudin Salleh, a former attorney-general, was elevated to the Federal Court in November 2024.

KUALA LUMPUR:

The High Court today dismissed the Malaysian Bar’s application for leave to commence judicial review proceedings to challenge the appointment of Federal Court judge Ahmad Terrirudin Salleh to the Judicial Appointments Commission.

In delivering her decision, Justice Norliza Othman held that Section 5(1)(e) of the JAC Act 2009 was unambiguous.

“Section 5(1)(e) is plain. It specifies the category of person: a Federal Court judge; and the appointing authority: the prime minister, and stops there,” she said.

Since both conditions were met, she said, the court could not read non-statutory criteria such as seniority, length of service, and freedom from unresolved allegations into the provision, as none of those requirements appeared in the legislation.

The court rejected the Bar’s arguments on illegality and irrationality, stating that unproven allegations and inferences could not form the basis of judicial review.

Norliza also emphasised that the court’s role was to interpret the law as enacted by Parliament.

Terrirudin, a former attorney-general, was elevated to the Federal Court in November 2024.

The Bar, which represents about 24,000 lawyers in Peninsular Malaysia, filed the application in February, seeking 11 orders, including a certiorari order to quash the prime minister’s decision to appoint Terrirudin to the JAC on Nov 15 last year.

Terrirudin is to serve as a JAC member for a two-year term, from the date of his appointment until Nov 14, 2027.

The Bar also sought a mandamus order compelling the prime minister to exercise his prerogative to appoint a member to the JAC in accordance with the law, established conventions, and the JAC Act 2009.

It further sought an order compelling Terrirudin to show cause and disclose the basis of his appointment to the JAC.

It named Terrirudin, Prime Minister Anwar Ibrahim and the government as the first to third respondents.

Lawyers Zainur Zakaria, Ambiga Sreenevasan and Steven Thiru represented the Bar, while senior federal counsels Shamsul Bolhassan and Nurhafizza Azizan appeared for the attorney-general.