Latest news with #JACAct2009
Free Malaysia Today
02-05-2025
- Politics
- Free Malaysia Today
Lawyer files application to suspend JAC's activities
Lawyer Syed Amir Syakib Arsalan Syed Ibrahim wants the JAC to suspend its activities until the conclusion of his main suit. KUALA LUMPUR : A lawyer has filed an application to compel the Judicial Appointments Commission to suspend its activities of recommending judges for elevation and to hold administrative positions pending the outcome of a legal suit. However, Syed Amir Syakib Arsalan Syed Ibrahim said in his application filed in the High Court here today the prime minister may advise the Yang di-Pertuan Agong on judicial appointments without being bound or subject to the recommendations of the JAC. Syed Amir, who is challenging the constitutionality of the JAC Act 2009, said the prime minister could perform that function under Article 122B of the Federal Constitution. 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. He said he did not intend to suspend or paralyse judicial appointments, or obstruct the exercise of constitutional functions by the prime minister or the king. 'Rather, 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. Syed Amir told FMT that unsealed copies of the stay application have been served on the defendants – the government and the JAC, and the Bar Council, which is allowed to come in as an intervener. In his main suit filed last month, Syed Amir contends 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 Singh has fixed July 16 to hear the main suit.
Barnama
22-04-2025
- Politics
- Barnama
Lawyer's Summons Challenging JAC Act For Hearing On July 16
KUALA LUMPUR, April 22 (Bernama) -- The High Court here set July 16 to hear an originating summons filed by a lawyer against the Malaysian government and the Judicial Appointments Commission (JAC) to challenge the Judicial Appointments Commission Act 2009. Judge Datuk Amarjeet Singh set the date during the case management today, which was attended by lawyer Shahrulazwad Ismail, representing Datuk Syed Amir Syakib Arsalan Syed Ibrahim, as well as senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Safiyyah Omar, representing the government and the JAC. The judge also ordered both parties to file their respective affidavits-in-reply on April 29, while the written submissions are to be filed before or on July 8. In addition, the court allowed the Bar Council to intervene, while the Human Rights Commission (Suhakam) was allowed to hold a watching brief in the case Syed Amir, who filed the suit on April 8 this year, is seeking a declaration that the JAC Act is unconstitutional, null and void as it contravenes Article 122B of the Federal Constitution. He is also seeking a mandamus order to compel the Prime Minister and the Malaysian government to comply with the judicial appointment process set out under Article 122B of the Federal Constitution, and be free from any interference by the Commission. Article 122B provides that the appointment of judges shall be made by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister after consulting the Conference of Rulers. In addition, he is seeking an interim stay of any judicial appointments made according to the JAC Act 2009 pending the disposal of the application and further orders deemed fair, just and appropriate in the interests of justice -- BERNAMA
The Sun
22-04-2025
- Politics
- The Sun
Lawyer's summons challenging JAC Act for hearing on July 16
KUALA LUMPUR: The High Court here set July 16 to hear an originating summons filed by a lawyer against the Malaysian government and the Judicial Appointments Commission (JAC) to challenge the Judicial Appointments Commission Act 2009. Judge Datuk Amarjeet Singh set the date during the case management today, which was attended by lawyer Shahrulazwad Ismail, representing Datuk Syed Amir Syakib Arsalan Syed Ibrahim, as well as senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Safiyyah Omar, representing the government and the JAC. The judge also ordered both parties to file their respective affidavits-in-reply on April 29, while the written submissions are to be filed before or on July 8. In addition, the court allowed the Bar Council to intervene, while the Human Rights Commission (Suhakam) was allowed to hold a watching brief in the case. Syed Amir, who filed the suit on April 8 this year, is seeking a declaration that the JAC Act is unconstitutional, null and void as it contravenes Article 122B of the Federal Constitution. He is also seeking a mandamus order to compel the Prime Minister and the Malaysian government to comply with the judicial appointment process set out under Article 122B of the Federal Constitution, and be free from any interference by the Commission. Article 122B provides that the appointment of judges shall be made by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister after consulting the Conference of Rulers. In addition, he is seeking an interim stay of any judicial appointments made according to the JAC Act 2009 pending the disposal of the application and further orders deemed fair, just and appropriate in the interests of justice.
New Straits Times
22-04-2025
- Politics
- New Straits Times
Court sets July 16 to hear challenge against Judicial Appointments Act
KUALA LUMPUR: The High Court here set July 16 to hear an originating summons filed by a lawyer against the Malaysian government and the Judicial Appointments Commission (JAC) to challenge the Judicial Appointments Commission Act 2009. Judge Datuk Amarjeet Singh set the date during the case management today, which was attended by lawyer Shahrulazwad Ismail, representing Datuk Syed Amir Syakib Arsalan Syed Ibrahim, as well as senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Safiyyah Omar, representing the government and the JAC. The judge also ordered both parties to file their respective affidavits-in-reply on April 29, while the written submissions are to be filed before or on July 8. In addition, the court allowed the Bar Council to intervene, while the Human Rights Commission (Suhakam) was allowed to hold a watching brief in the case Syed Amir, who filed the suit on April 8 this year, is seeking a declaration that the JAC Act is unconstitutional, null and void as it contravenes Article 122B of the Federal Constitution. He is also seeking a mandamus order to compel the prime minister and the Malaysian government to comply with the judicial appointment process set out under Article 122B of the Federal Constitution, and be free from any interference by the Commission. Article 122B provides that the appointment of judges shall be made by the Yang di-Pertuan Agong, acting on the advice of the prime minister after consulting the Conference of Rulers. In addition, he is seeking an interim stay of any judicial appointments made according to the JAC Act 2009 pending the disposal of the application and further orders deemed fair, just and appropriate in the interests of justice – BERNAMA
