Feb date for judicial review application over Fed Court judge appointmentDecember 7, 2017 @ 2:56PM
By KHAIRAH N. KARIM
KUALA LUMPUR: The High Court will decide on Feb 14 on Parti Amanah Negara (PAN) assistant secretary Abang Ahmad Kerdee Abang Masagus' leave application to initiate a judicial review seeking a declaration that Tan Sri Md Raus Sharif's appointment as an additional judge of the Federal Court was invalid.
Judge Datin Azizah Nawawi fixed the date in chambers today after hearing submissions by counsel Mohamed Hanipa Maidin, who represented Abang Ahmad Kerdee, and senior federal counsel Suzana Atan and Shamsul Bolhassan, who acted for Md Raus, who was the respondent.
Mohamed Hanipa, when met after the proceedings, said the respondent had objected to his client's application on grounds that the application has no locus standi and that the appointment made by the Yang di-Pertuan Agong could not be reviewed.
The lawyer, in his argument, said the court has the jurisdiction to hear the application.
On the issue of Writ Quo Warranto, he said the application was not filed to challenge the person who appointed but the person who has been appointed.
"It is not only PAN, but everyone has the right to question the appointment," he said outside the court.
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.