Justice Azizah Nawawi, who made the ruling in chambers, said Amanah assistant secretary Abang Ahmad Kerdee Abang Masagus did not ‘cross the threshold requirement’ to obtain leave for his complaints to be heard.
Government lawyer Suzana Atan said Azizah declined to give leave to hear the merit of the case as Abang Ahmad did not have the legal standing to bring the action.
“The judge also held the matter is non-justiciable as the High Court is not empowered to hear the dispute because Raus was appointed by the king,” she told reporters.
This ruling is now seen as academic as Azizah had also decided to refer the Malaysian Bar’s challenge on the appointments of Raus and Court of Appeal President Zulkefli Ahmad Makinudin to the Federal Court.
Abang Ahmad, represented by Hanipa Maidin, took the position that Raus must explain in court under what authority he was holding the posts
Hanipa said Abang Ahmad was not challenging the authority of the king and the prime minister in appointing Raus.
The government had filed three grounds to deny Abang Ahmad leave for the court to hear the merit of the case.
It said the quo warranto (asking Raus himself to explain the rationale for remaining in his post) remedy sought was not appropriate.
Further, it said Abang Ahmad had no sufficient interest to bring this action against Raus and that it was beyond the court’s jurisdiction to hear and decide the dispute.
On Nov 1, Abang Ahmad filed an application to obtain a declaration that Raus’ appointment as additional judge, and remaining as chief justice after retirement, was unlawful.
Abang Ahmad wanted a declaration that Raus’ appointment as additional judge, under Article 122 (1A) of the constitution, was null and void.
Abang Ahmad also wanted a declaration that Raus’ continued service as chief justice was illegal under Article 125.
On July 7, the government announced in a media statement that Raus would remain as chief justice for another three years from Aug 4, while Zulkefli would remain COA president 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 Raus could not be appointed again to lead the judiciary by being made additional judge.