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Malay Mail
3 days ago
- General
- Malay Mail
Anwar likely to exhaust right under law to refer constitutional questions to Federal Court — Hafiz Hassan
JUNE 4 — In the case of Badan Peguam Malaysia v Yang Berhormat Perdana Menteri Malaysia, Tan Sri Dato' Hj Mahiaddin bin Mohd Yasin & Anor [2024], the Malaysian Bar (Bar) applied to the High Court (HC) to refer no less than 27 constitutional questions to the Federal Court pursuant to Article 128 of the Federal Constitution (FC) and/or Section 84 of the Courts of Judicature Act 1964 (CJA). The HC dismissed the reference application, essentially on the ground that the questions raised were not constitutional questions that fell exclusively within the jurisdiction of the Federal Court alone to answer. Aggrieved by the decision, the Bar appealed to the Court of Appeal (COA). Having heard the appeal, the COA affirmed the decision of the HC. One of the main grounds for dismissing the appeal was that the HC had not committed any appealable error in refusing to refer the questions posed to the Federal Court. Dissatisfied, the Bar filed an application for leave to appeal to the Federal Court. Originally, there were 32 proposed questions of law. However, the Bar revised the questions to six only. — Picture by Yusof Mat Isa Dissatisfied, the Bar filed an application for leave to appeal to the Federal Court. Originally, there were 32 proposed questions of law. However, the Bar revised the questions to six only. President of COA, Abang Iskandar, having analysed the questions of law and the applicable law, dismissed the Bar's application for leave to appeal. His Lordship said: 'Our analysis of all the proposed questions of law is that they are essentially proposing to us to relook into the meaning, application and scope of Section 84 of the CJA, read with Article 128(2) of the FC. In our view... all the cited cases had comprehensively dealt with the matter. We find that the Bar had failed to satisfy us as to where and what the gaps are in those cited cases to merit the grant of leave. 'In the upshot, we are of the unanimous view that the threshold requirement [for leave to appeal] has not been met, with respect, by the Bar in this case, and as such, this leave application ought to be and is dismissed with no order as to costs.' The point is this: application to refer question or questions of law to the Federal Court pursuant to Article 128(2) of the FC and/or Section 84 of the CJA is available to any party to a dispute. Accordingly, Prime Minister Anwar Ibrahim is as entitled as the Bar to apply to the court to refer constitutional questions to the Federal Court. Anwar is also entitled to appeal against the decision of the learned High Court judge dismissing his application to refer the constitutional questions to the apex court. He is likely to exhaust his right under the law.
Malay Mail
22-05-2025
- Politics
- Malay Mail
Anwar: Govt considering extending Tengku Maimun's tenure as chief justice
KUALA LUMPUR, May 22 — The government is considering extending the tenure of Chief Justice Tun Tengku Maimun Tuan Mat, Prime Minister Datuk Seri Anwar Ibrahim said today. Tengku Maimun, the first woman to serve as the country's chief justice, is set to retire on June 30 upon reaching the mandatory retirement age of 66. When asked whether an extension would be granted to Tengku Maimun, Anwar briefly responded: 'Well, we are looking into it.' Anwar made the announcement after launching the Hadiah Bahasa 2025, which is making a comeback after 27 years at Hilton Kuala Lumpur, here, today. On Tuesday, Tengku Maimun reportedly said that she as well as the President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Tan Sri Nallini Pathmanathan are still waiting on the offer for the extension of their tenure. Abang Iskandar is due to retire on July 1, while Nallini Pathmanathan is due to retire on Aug 21, as they have both reached the mandatory retirement age. Under Article 125(1) of the Federal Constitution, Federal Court judges may serve until age 66, with the possibility of a six-month extension subject to the Yang di-Pertuan Agong's approval.
Malay Mail
22-05-2025
- Politics
- Malay Mail
Anwar: Govt considering possibility of extending Tengku Maimun's tenure as chief justice
KUALA LUMPUR, May 22 — The government is considering the possibility of extending the tenure of Chief Justice Tun Tengku Maimun Tuan Mat, Prime Minister Datuk Seri Anwar Ibrahim said today. Tengku Maimun, the first woman to serve as the country's chief justice, is set to retire on June 30 upon reaching the mandatory retirement age of 66. When asked whether an extension would be granted to Tengku Maimun, Anwar briefly responded: 'Well, we are looking into it.' Anwar made the announcement after launching the Hadiah Bahasa 2025, which is making a comeback after 27 years at Hilton Kuala Lumpur, here, today. On Tuesday, Tengku Maimun reportedly said that she as well as the President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Tan Sri Nallini Pathmanathan are still waiting on the offer for the extension of their tenure. Abang Iskandar is due to retire on July 1, while Nallini Pathmanathan is due to retire on Aug 21, as they have both reached the mandatory retirement age. Under Article 125(1) of the Federal Constitution, Federal Court judges may serve until age 66, with the possibility of a six-month extension subject to the Yang di-Pertuan Agong's approval.
Free Malaysia Today
22-05-2025
- Politics
- Free Malaysia Today
Rights group calls for transparency, equal treatment in judicial extensions
Chief Justice Tengku Maimun Tuan Mat is expected to retire on July 2, Court of Appeal president Abang Iskandar Abang Hashim on July 1, and senior Federal Court judge Nallini Pathmanathan on Aug 22. PETALING JAYA : The National Human Rights Society of Malaysia (Hakam) says it is concerned that three senior judges, including Chief Justice Tengku Maimun Tuan Mat, have not received the customary six-month extension offers despite their imminent retirement dates. The rights group said that while six-month extensions were granted to five other senior judges – including Chief Judge of Malaya Hasnah Hashim and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli – similar extensions were not granted to Tengku Maimun, Court of Appeal president Abang Iskandar Abang Hashim, and senior Federal Court judge Nallini Pathmanathan. In a statement, Hakam president M Ramachelvam said the country's judiciary was at a pivotal moment as nine Federal Court judges were set to retire this year. He said the decision to extend their tenures must be guided by clear, consistent, and transparent criteria. 'The current situation raises troubling questions: why have extensions been granted to some Federal Court judges but not to the chief justice, the Court of Appeal president, and Justice Nallini Pathmanathan? 'There is an apparent selective approach to extending the tenures of senior judges in Malaysia's Federal Court. 'This unequal and opaque application of Article 125(1) of the Federal Constitution raises serious questions about the government's commitment to judicial independence and threatens the integrity of our nation's justice system at a critical juncture.' Article 125 of the Federal Constitution states that superior court judges shall hold office until the age of 66, although their tenures can be extended for up to six months by the Yang di-Pertuan Agong. Abang Iskandar is scheduled to retire on July 1 while Tengku Maimun retires the following day. Nallini will retire on Aug 22. Ramachelvam said there was a need to establish clear, objective criteria for judicial extensions that prioritise merit, experience, and institutional stability over other considerations. He also demanded transparency in the decision-making process for judicial appointments and extensions, saying a truly independent judiciary was the cornerstone of democracy and the protection of human rights in Malaysia. 'The stability of our judiciary as well as public, business, and investor confidence in our legal system depend on fair and equal treatment for our most senior judges,' he said. 'In this critical period of transition, Malaysia cannot afford to lose the institutional knowledge, experience, and principled leadership that these senior judges provide.'
Free Malaysia Today
20-05-2025
- Politics
- Free Malaysia Today
No word yet on tenure extension for Tengku Maimun, 2 other senior judges
Chief Justice Tengku Maimun Tuan Mat is expected to retire on July 2, Court of Appeal president Abang Iskandar Abang Hashim on July 1, and senior Federal Court judge Nallini Pathmanathan on Aug 21. PUTRAJAYA : The judiciary is still awaiting formal letters as to whether the tenure of three senior judges, including Chief Justice Tengku Maimun Tuan Mat, will be extended. The other two are Court of Appeal president Abang Iskandar Abang Hashim and senior Federal Court judge Nallini Pathmanathan. 'It is still pending and we are still waiting for a reply,' Tengku Maimun told reporters after attending a ceremony marking the elevation of three judges today. Article 125 of the Federal Constitution states that superior court judges shall hold office until age 66, but their tenure can be extended for up to six months by the Yang di-Pertuan Agong. Abang Iskandar is scheduled to go on mandatory retirement on July 1, while Tengku Maimun retires the following day. Nallini will retire on Aug 21. The king had earlier extended the tenure of five apex court judges, including two judicial administrators. They are Chief Judge of Malaya Hasnah Hashim, who will now remain in office until Nov 14, and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, who will remain in office until July 24. The others are Justices Zabariah Yusof (until Oct 9) and Hanipah Farikullah (until Nov 22). Justice Abdul Karim Abdul Jalil was also offered an extension but he declined the offer and left office last month. Earlier today, Justice Lee Swee Seng, who was promoted to the Federal Court, took his oath of office before Tengku Maimun. Justices Hayatul Akmal Abdul Aziz and Lim Hock Leng, who were elevated from the High Court to the Court of Appeal, took their oaths before Abang Iskandar.
