Many had expected the Malaysian Bar to file the action since members had overwhelmingly given the green light to file lawsuits at an extraordinary general meeting.
The former prime minister today filed a leave application for judicial review in the Kuala Lumpur High Court to compel Prime Miniser Najib Razak to advise the king to revoke Raus’ appointment as additonal judge and chief justice.
Mahathir has named Najib, the government and Raus as respondents.
In the application, Mahathir said Raus should be barred from performing his judicial and administrative functions.
Lawyer Mohamed Haniff Khatri Abdulla said the court papers had been served on the attorney-general’s chambers.
Raus had received his instrument of office and taken his oath of office as chief justice before the king on Friday night despite calls by the legal fraternity to reconsider the appointments.
Mahathir, the longest-serving prime minister for 22 year from 1981, said Article 125 of the Federal Constitution did not allow the appointment of a chief justice beyond the retirement age of 66 years plus six months of extension.
He said Article 122 (1A) did not allow a chief justice to advise the king to appoint a candidate who had yet to retire from the judiciary to be made an additional judge at a later date.
Mahathir also wants a declaration that the four top judicial administrators – the chief justice, Court of Appeal president, chief judge of Malaya and chief judge of Sabah and Sarawak – should not come from the ranks of additional judges.
The government announced on July 7 that Raus’s tenure is for three years from Aug 4 while Court of Appeal president Zulkefli Ahmad Makinudin will remain in his current administrative post for two years from Sept 28.
In his maiden press conference last Saturday, Raus defended his reappointment, stating that while the move was unprecedented, everything had been done according to law.
He said it was best for the courts to decide since there were two conflicting views on the matter.
FMT also reported that the Advocates Association of Sarawak and Sabah Law Society also plan to make a stand on the two top judicial officers.
Retired chief justice Zaki Azmi, who argued that the appointments were valid, said the provision for additional judges were utilised as Raus and Zulkefli had only been in their positions since April 1.
Further, he said a constitutional provision that allowed judges to remain in office up to 66 years of age plus six months’ of extension was archaic compared with other Commonwealth countries.
Attorney-General Mohamed Apandi Ali was quoted in Malay daily, Berita Harian, yesterday that the appointments of Raus and Zulkefli were according to the constitution.