Lawyer drops bid to suspend JAC's activities
Lawyer Syed Amir Syakib Arsalan Syed Ibrahim now intends to pose his legal question to the Federal Court.
KUALA LUMPUR : Lawyer Syed Amir Syakib Arsalan Syed Ibrahim has withdrawn his application to bar the Judicial Appointments Commission (JAC) from recommending judicial appointments and filling top administrative posts in the judiciary.
Justice Amarjeet Singh, who had been scheduled to hear oral submissions today, was informed by counsel Daniel Annamalai that his client had instructed him to withdraw the stay application.
The judge then struck out the application with no order as to costs.
Daniel told reporters later that Syed Amir had declined to proceed with the stay application as he is planning to apply for constitutional questions to be referred to the Federal Court for determination.
In his main suit filed in early April, 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.
Syed Amir claims that 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, the Court of Appeal president, the chief judge of Malaya, and the chief judge of Sabah and Sarawak as and when they fall vacant.
Syed Amir's application was made under Section 84 of the Courts of Judicature Act to persuade Amarjeet to refer the legal question posed to the apex court.
Senior federal counsel Ahmad Hanir Hambaly appeared for the government and JAC, while lawyers Christopher Leong and Karen Cheah represented the Bar Council, which had filed their written submissions.
Amarjeet is scheduled to hear the main suit on July 16.
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