July 16 hearing for challenge to Judicial Appointments Commission’s legality

July 16 hearing for challenge to Judicial Appointments Commission’s legality

The High Court allows the Bar Council to intervene in the proceedings and grants Suhakam permission to hold a watching brief.

Plaintiff Syed Amir Syakib Arsalan Syed Ibrahim contends that the powers conferred on the Judicial Appointments Commission violate the doctrine of separation of powers and the basic structure of the constitution.
KUALA LUMPUR:
The High Court here has fixed July 16 to hear a suit challenging the constitutionality of the Judicial Appointments Commission (JAC) Act 2009 filed by a lawyer early this month.

Justice Amarjeet Singh also directed parties to file their written submissions on or before July 8.

“This suit is purely about a question of law on whether the Act violated the supremacy of the Federal Constitution (as per Article 4) and the prime minister’s function (under Article 122B) to advise on the appointment of judges,” he said during case management today.

Amarjeeet also allowed the application by the Bar Council to act as intervener in the proceedings and gave the Human Rights Commission (Suhakam) permission to hold a watching brief.

Senior federal counsel Ahmad Hanir Hambaly informed the judge that the Attorney-General’s Chambers would represent both the government and JAC, named as respondents in the lawsuit.

“We will be filing an affidavit in response (to the application),” said Hanir, who was assisted by federal counsel Safiyyah Omar.

Amarjeet directed all parties to file their affidavits by April 29.

Lawyer New Sin Yew appeared for the Bar Council while counsel Larissa Ann Louis acted for Suhakam.

Lawyer Shahrulazwad Ismail appeared for the plaintiff, Syed Amir Syakib Arsalan Syed Ibrahim.

In his application, Syed Amir contends that the powers conferred on the nine-member commission violate the doctrine of separation of powers and the basic structure of the constitution.

He is seeking a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the Federal Constitution.

Article 122B states that judges and administrative position holders shall be appointed by the Yang di-Pertuan Agong acting on the prime minister’s advice, after consultation with the Conference of Rulers.

Syed Amir is seeking an interim stay on all judicial appointments pending the disposal of the suit. He is also asking for other reliefs deemed necessary and in the interest of justice.

The lawyer claims the JAC Act is inconsistent with Article 4, which states that the written constitution is the supreme law of the land.

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