In the quo warranto application filed in the High Court today, the applicant, Parti Amanah Negara deputy secretary-general Abang Ahmad Kerdee Abang Masagus, wants a declaration that Raus’ appointment as additional judge under Article 122 (1A) of the Federal Constitution is unlawful.
Abang Ahmad also wants a declaration that Raus’ continued service as chief justice is illegal under Article 125.
Lawyer Mohamed Hanipa Maidin said his client wanted Raus to explain under what authority he had assumed the position of additional judge and as top judge of the nation.
“We are not challenging the decision making process of the appointment but merely questioning Raus’ authority to remain in both positions,” said Hanipa, who is also Sepang MP.
He said his client would have to obtain leave from the court before the merit of the case was heard.
On July 7, the government announced in a media statement that Raus would remain in office for another three years from Aug 4, while Court of Appeal (COA) President Zulkefli Ahmad Makinudin would remain in that post for another two years from Sept 28.
Both were appointed as CJ and COA president on April 1 and were scheduled to retire on Aug 3 and Sept 27 respectively upon reaching the mandatory retirement age of 66 years plus six months.
Abang Ahmad said Raus could only hold the position of Chief Justice if he was a Federal Court judge, but one who had yet to attain the retirement age.
He said he was advised by his lawyer that Raus could not be appointed again to lead the judiciary by being made additional judge.
Abang Ahmad said Raus could only be recommended to be made additional judge by a chief justice who was still in office.
Former chief justice Arifin Zakaria, who retired on March 31, had said he only proposed to the king that Raus and Zulkelfi be made additional judges.
On Aug 9, former prime minister Dr Mahathir Mohamad filed a judicial review to revoke the appointments of Raus and stop him from carrying out his judicial and administrative duties.
Mahathir, who served as prime minister for 22 year from 1981, 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 High Court will rule on Nov 6 whether leave should be given to Mahathir to mount the legal challenge.
The Malaysian Bar has also filed a similar application against Raus and Zulkefli and a case management will be held before Justice Azizah Nawawi on Nov 9.