KUALA LUMPUR, Dec 19 ― The High Court today rejected a judicial review application from Parti Amanah Negara (Amanah) over Chief Justice Tun Raus Md Sharif’s appointment earlier this year.
In a decision made in chambers, High Court judge Datin Azizah Nawawi rejected the application made by the party assistant secretary Abang Ahmad Kerdee Abang Masagus, who wanted Raus’ appointment as an additional judge and subsequently as CJ be declared unconstitutional and void.
Azizah ruled that the matter was “non-justiciable” and also that the Abang Kerdee did not have a sufficient locus standi to challenge the appointment.
In dismissing the application, she also ordered RM 5,000 in costs for Raus, who was represented by Senior Federal Counsel Suzana Atan.
In his application, Abang Kerdee names Raus as the sole respondent.
The judicial review was filed on Abang Kerdee’s behalf by lawyer and Sepang MP Hanipa Maidin, who is also an Amanah leader.
Hanipa said that he would await his client’s instruction on the next move.
Last month, former Prime Minister Tun Dr Mahathir Mohamad also failed in a similar judicial review bid against Raus’ appointment, but he is set to appeal against the High Court decision, which was also made in Azizah’s chambers.
The other party that is separately challenging Raus’ appointment is the Malaysian Bar, which took a different route by filing originating summons and now have been allowed to refer constitutional questions to the Federal Court.
The Malaysian Bar’s case was also heard at Azizah’s chambers earlier today.
Both Raus and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin had their appointments questioned after they were appointed as additional judges before having their terms renewed despite both of them having passed the mandatory retirement age back in August.
