Friday, October 20, 2017

Legal Action Filed to Seek Declarations that the Appointments of the Chief Justice and President of the Court of Appeal are Unconstitutional and Void — Malaysian Bar


Press Release
Legal Action Filed to Seek Declarations that the Appointments of the Chief Justice and President of the Court of Appeal are Unconstitutional and Void

The Malaysian Bar has, pursuant to the resolution adopted by the Bar at its Extraordinary General Meeting held on 3 August 2017, filed a legal action at the Kuala Lumpur High Court on 10 October 2017 against YAA Tun Dato’ Seri Arifin bin Zakaria, YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin.

The full text of the resolution, entitled “Resolution on Upholding the Supremacy of the Federal Constitution and Defending the Independence and Integrity of the Judiciary”, is available here.

The sealed Originating Summons has been served on all parties.

The Malaysian Bar seeks the following reliefs, inter alia, in the Originating Summons:
(1) A Declaration that the advice of YAA Tun Dato’ Seri Arifin bin Zakaria, as the Chief Justice at the material time, to His Majesty the Yang di-Pertuan Agong on 30 March 2017, that YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin be appointed as additional judges under Article 122(1A) of the Federal Constitution, is unconstitutional and void;
(2) A Declaration that the appointment of YAA Tun Md Raus bin Sharif as additional judge, announced on 7 July 2017, is unconstitutional and void;
(3) A Declaration that the appointment of YAA Tun Md Raus bin Sharif as Chief Justice of the Federal Court of Malaysia, with effect from 4 August 2017, is unconstitutional and void;
(4) A Declaration that the appointment of YAA Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin as additional judge, announced on 7 July 2017, is unconstitutional and void;
(5) A Declaration that the advice of YAA Tun Dato’ Seri Arifin bin Zakaria, as the Chief Justice at the material time, to the Prime Minister, upon consultation being sought, that YAA Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin be appointed as the President of the Court of Appeal under Article 122B of the Federal Constitution, is unconstitutional and void;
(6) A Declaration that the appointment of YAA Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin as President of the Court of Appeal with effect from 28 September 2017, is unconstitutional and void; and
(7) Orders removing YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin from their respective offices.
Case management for this matter has been fixed on 26 October 2017.

George Varughese President Malaysian Bar
17 October 2017

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