Ramkarpal concerned over rumours AG will become a top judge
Published: Jul 14, 2024 9:23 PM
Former deputy law and institutional reforms minister Ramkarpal Singh has expressed concern over speculation that foundations are being laid for Attorney-General Ahmad Terrirudin Salleh to one day become the chief judge of Malaya.
Ramkarpal said the issue has nothing to do with Terrirudin's performance or competence as attorney-general, but rather why there is a need to stray from the usual move of the judiciary promoting from within.
"The Madani government should refrain from departing from the practice of appointing a serving Federal Court judge as chief judge of Malaya as there is no reason, in the circumstances, to recruit someone who has not served on the bench for the role.
"Appointing an outsider to one of the country's most senior judicial posts would certainly be a step backwards and would reflect poorly on the government’s commitment to judicial reforms," he said in a statement today.
Free Malaysia Today, citing sources, reported last week that the Prime Minister's Office had submitted Terrirudin’s name for the Conference of Rulers to consider.
AG Ahmad Terrirudin Salleh
Article 123 of the Federal Constitution stipulates that a citizen who has been practising law for 10 years either as a lawyer or a member of the judicial or legal services is qualified to be appointed as a judge of any level.
The chief judge of Malaya post fell vacant following Zabidin Diah's mandatory retirement.
Ramkarpal noted that the government has not denied FMT’s reports on Terrirudin's appointment, which has further fueled speculation on the matter.
Think about reform
The Bukit Gelugor MP said while there is a precedent of outsiders being appointed to the Federal Court, such precedents should not be followed if the government is committed to institutional reforms.
"With respect, such precedents ought to be abandoned as they give rise to the perception of government interference in the appointment of senior judges since such appointments are ultimately made on the advice of the prime minister under Article 122B of the Federal Constitution.
"It cannot be over-emphasised that there are qualified candidates from the line-up of serving Federal Court judges to fill the post of chief justice of Malaya and it is understood that recommendations have been made by the Judicial Appointments Committee (JAC), which is chaired by the CJ, from that line-up," Ramkarpal said.
Article 123 of the Federal Constitution stipulates that a citizen who has been practising law for 10 years either as a lawyer or a member of the judicial or legal services is qualified to be appointed as a judge of any level.
The chief judge of Malaya post fell vacant following Zabidin Diah's mandatory retirement.
Ramkarpal noted that the government has not denied FMT’s reports on Terrirudin's appointment, which has further fueled speculation on the matter.
Think about reform
The Bukit Gelugor MP said while there is a precedent of outsiders being appointed to the Federal Court, such precedents should not be followed if the government is committed to institutional reforms.
"With respect, such precedents ought to be abandoned as they give rise to the perception of government interference in the appointment of senior judges since such appointments are ultimately made on the advice of the prime minister under Article 122B of the Federal Constitution.
"It cannot be over-emphasised that there are qualified candidates from the line-up of serving Federal Court judges to fill the post of chief justice of Malaya and it is understood that recommendations have been made by the Judicial Appointments Committee (JAC), which is chaired by the CJ, from that line-up," Ramkarpal said.
In November 2022, the Conference of Rulers opined that the JAC should be free of influence from the prime minister.
The JAC is responsible for appointing judges to the judiciary. Five of the committee members are appointed by the prime minister, while the remaining four slots are filled by sitting judges.
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