Lawyer cancels bid to temporarily pause JAC for judges' appointments, to send constitutional questions to Federal Court

Malay Mail

a day ago

KUALA LUMPUR, June 25 — Lawyer Datuk Syed Amir Syakib Arsalan Syed Ibrahim today withdrew his bid to have the High Court temporarily pause the functions of the Judicial Appointments Commission (JAC) and to temporarily let the prime minister skip the JAC when selecting judges to be appointed.
The High Court was initially scheduled today to hear Syed Amir Syakib Arsalan's application for a stay.
In the stay application, he wanted the High Court to order a temporary pause on all recommendations for and appointments of judges at the High Court, Court of Appeal and Federal Court if these appointments are based on the mechanisms under the JAC Act 2009.
The stay application had also asked the High Court to order that the prime minister still be allowed to give advice to the Yang di-Pertuan Agong on appointments of judges without having to be bound by the JAC's recommendations, during the period that the JAC's processes are temporarily paused.
His lawyer Daniel Annamalai this morning informed the High Court that his client would be withdrawing this application.
High Court judge Datuk Amarjeet Singh Serjit Singh then struck out the stay application.
When met outside the court, Daniel told reporters that his client had withdrawn the stay application as they were planning to file an application to refer constitutional questions to the Federal Court.
'That is the reason why we are withdrawing the stay, to give way for this application,' he said.
The High Court is still scheduled on July 16 to hear Syed Amir Syakib Arsalan's main lawsuit which seeks to challenge the constitutionality of the JAC Act 2009.
The lawyer had on April 8 filed the lawsuit against the Malaysian government and the JAC.
He is currently seeking eight specific court orders, including to declare the JAC Act 2009 unconstitutional, and to declare the JAC as lacking legal authority to perform its functions.
In the lawsuit, he also wants the court to order the prime minister to follow the constitutional process for the appointing of judges without 'interference' by the JAC.
Currently, the JAC's role is to recommend candidates to be appointed as judges, and the prime minister — after accepting recommendations — would then give advice to the Yang di-Pertuan Agong for the appointment of judges.
PPMM holds watching brief, Bersih joins as amicus curiae
Lawyer Shahrulazwad Ismail also represented Syed Amir Syakib Arsalan today.
Senior federal counsel Ahmad Hanir Hambaly who is also deputy head of the Attorney General's Chambers' Civil Division III, and federal counsel Safiyyah Omar, appeared for the Malaysian government and the JAC.
Former Malaysian Bar presidents Christopher Leong and Karen Cheah, Malaysian Bar vice-president Anand Raj and lawyer New Sin Yew appeared today for the Malaysian Bar, which is an intervener or has previously been made a party to the case.
Hanir and Leong today both said they were not asking for costs over the stay application that has been withdrawn, and the High Court made no order for costs.
Malaysia Muslim Lawyers Association (PPMM) president and lawyer Muhamad Hisham Marzuki, lawyers Muhammad Hariz Md Yusoff and Mohd Wafiyuddin Al-Awal Musa appeared today for PPMM which was seeking to hold a watching brief as the case involves public interest matters.
Lawyer Ramkarpal Singh, who is also Bukit Gelugor MP and a former deputy law minister, applied today for his client Bersih to be made an amicus curiae or friend of the court to assist the High Court.
Ramkarpal said polls reform group Bersih had spearheaded various initiatives on constitutional reforms and human rights issues over the years.
The High Court then allowed PPMM to hold a watching brief, and also allowed Bersih to be an amicus curiae.