KUALA LUMPUR: The High Court threw out Parti Amanah Negara (Amanah) assistant secretary Abang Ahmad Kerdee Abang Masagus' leave application to challenge Tun Md Raus Sharif's appointment as Chief Justice and additional Federal Court judge.
In dismissing Abang Ahmad Kerdee's leave application to initiate a judicial review, judge Datin Azizah Nawawi ruled that the application is non-justiciable as the appointment was made by the Yang di-Pertuan Agong.
She also ruled that the applicant (Abang Ahmad Kerdee) has not met the threshold requirement to have the leave application be granted, in deciding on the matter in chambers here.
Lawyer Mohamed Hanipa Maidin who represented Abang Ahmad Kerdee said he has yet to receive instructions from his client on whether to appeal against the decision.
Senior federal counsel Suzana Atan and Shamsul Bolhassan acted on behalf of Md Raus as the respondent.
Abang Ahmad Kerdee filed a judicial review application on Nov 1 seeking a declaration that Raus' appointment on Aug 4 as an additional judge of the Federal Court was invalid and of no effect under Article 122(1A) of the Federal Constitution.
Among others, Abang Ahmad Kerdee also sought an injunction to prevent Raus from carrying out his duty as a judge of the Federal Court or as the Chief Justice.
The judicial review application was filed on grounds that on Aug 4, Raus had reached the mandatory retirement age of 66 years and six months.
On April 1, Raus was appointed as the 14th Chief Justice, replacing Tun Arifin Zakaria who retired after reaching the age of 66 years and six months on March 31.