The AG’s position was made known to Justice Norliza Othman during case management earlier today.
As guardian of public interest, the AG is vested with discretion as to whether to support or oppose applications for leave to bring judicial review proceedings before the merits of a case are heard.
When contacted by FMT, senior federal counsel Ahmad Hanir Hambaly confirmed the attorney-general’s position.
He said the leave application would be heard on June 9 to allow the AG time to respond to additional submissions filed by the Bar.
Lawyer Steven Thiru and Abdul Rashid Ismail appeared for the Bar.
The statutory body, which represents more than 25,000 lawyers in the peninsula, is seeking an order of certiorari from the High Court to quash the prime minister’s decision to appoint Terrirudin.
It also wants a mandamus order to compel the prime minister to exercise his prerogative to appoint a member to the JAC in accordance with the laws of Malaysia, established conventions and the Judicial Appointments Commission Act 2009.
In the application filed three months ago, the Bar also sought another mandamus order for the establishment of a royal commission of inquiry to investigate allegations against Terrirudin, with the findings to be made public.
It likewise wants to compel Terrirudin to show cause and disclose the basis on which the prime minister appointed him to sit on the JAC.
In addition, the Bar wants the High Court to declare that the decision to appoint Terrirudin was unlawful, null and void. It is seeking an order to stay the appointment pending the disposal of the judicial review proceedings.
Besides Terrirudin, the Bar named Prime Minister Anwar Ibrahim, the JAC and the government as respondents.
Terrirdin’s appointment to the JAC last November is said to have departed from the longstanding practice of assigning a senior apex court judge to the position.
Terrirudin, a former attorney-general, was elevated to the Federal Court only in November 2024.
Under the JAC Act, which came into force in 2009, the prime minister appoints a Federal Court judge and four eminent persons to the commission for two years.
The Chief Justice, the Court of Appeal president, the two Chief Judges of Malaya and Sabah and Sarawak sit on the JAC by virtue of their administrative positions.
The primary function of the commission is to recommend to the prime minister suitable persons for appointment as judges of the High Court and elevation to the Court of Appeal and the Federal Court.
The king then makes the appointments on the advice of the prime minister and after consulting the Conference of Rulers.