June 25 hearing for lawyer's bid to suspend JAC's activities
KUALA LUMPUR : The High Court will hear on June 25 a stay application by a lawyer to prevent the Judicial Appointments Commission (JAC) from carrying out its functions of recommending judges for appointment to the superior courts and filling administrative positions in the judiciary pending the outcome of the legal suit.
Justice Amarjeet Singh set the date following case management involving Syed Amir Syakib Arsalan Syed Ibrahim, who named the government and JAC as defendants in his originating summons.
The Bar Council has been allowed to intervene in the proceedings.
Amarjeet also set a timeline for the parties to file their affidavits and written submissions.
Federal counsel Safiyyah Omar, representing the government and JAC, said the defendants would oppose the stay application.
Lawyers Christopher Leong, Karen Cheah, and New Sin Yew appeared for the Bar Council.
In his stay application filed last week, Syed Amir said the Federal Constitution does not require the prime minister to rely on JAC's recommendations when advising the Yang di-Pertuan Agong to make the appointments.
Syed Amir, who is challenging the constitutionality of the JAC Act 2009, said Article 122B of the constitution allows the prime minister to make recommendations of his own accord.
Article 122B states that judges and administrative position holders shall be appointed by the Yang di-Pertuan Agong acting on the prime minister's advice, after consultation with the Conference of Rulers.
Syed Amir said he did not intend to suspend or paralyse judicial appointments, or obstruct the exercise of the constitutional functions of the prime minister or the king.
'This application is only intended to prevent any further reliance or implementation of the challenged legal framework pending the final decision of the court,' he said.
In his main suit filed last month, Syed Amir contended that the powers conferred on the nine-member JAC violate the doctrine of separation of powers and the basic structure of the constitution.
He is seeking a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the constitution.
He claims the JAC Act is inconsistent with Article 4, which states that the written constitution is the supreme law of the land.
Under the JAC Act, the commission proposes the nomination of judges to the High Court, the Court of Appeal, and the Federal Court.
It also recommends nominees for the posts of chief justice, Court of Appeal president, chief judge of Malaya, and chief judge of Sabah and Sarawak as and when they fall vacant.
Justice Amarjeet fixed July 16 to hear the main suit.
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