Of the five judges, one has resigned and another retired while a third will retire today as well.

Gopal Sri Ram told FMT that a ruling by only two judges risked running afoul of the law as they would have no jurisdiction under the Courts of Judicature Act (CoJA).

Section 78 (1) of the CoJA states that in the event that a judge is unable to exercise his function in the midst of a proceeding, the remaining panel of at least two judges can deliver judgment.

However, Sri Ram said when CoJA came into force in 1964, the Federal Court only sat in panels of three.

“Hence the reference to at least two judges,” he added.

Federal counsel Amarjeet Singh had also said that two judges were not enough to deliver a ruling, and that a re-hearing must be held.

“Two judges cannot deliver a decision. If anything happens, the appeal needs to be reheard,” he told reporters.

This follows the Federal Court’s decision earlier today to postpone its ruling to allow the government’s application to find other solutions to the issue.

Ahmad Maarop, who led the three-member panel, said the judgment had been adjourned to a date yet to be fixed.

He declined to elaborate when lawyer Sulaiman Abdullah, appearing for the Johor Muslim Religious Council, sought clarification on the unexpected adjournment.

“I am not saying any more than what I said,” he told the lawyer.

Others on the bench were Balia Yusof Wahi and Aziah Ali who retires today after a six-month extension.

On Feb 7, then-chief justice Raus Sharif chaired the original five-member bench to hear the case and reserved judgment after submissions from the lawyers.

Raus resigned from office in July while fellow panel member, Hasan Lah, retired in September, leaving Ahmad, Balia and Aziah.