Retired judges can appear in court as counsel, the Federal Court ruled in Putrajaya today.

A five-member panel chaired by Court of Appeal president Raus Md Sharif made the decision after rejecting an application brought by two construction companies to disqualify retired judge Gopal Sri Ram to act as counsel for a developer.

“There’s no legal basis for the application,” said Raus.

Federal Court judge Suriyadi Halim Omar, who also presided on the panel, noted that the application was against the constitutional right of a citizen to earn a living, under Article 5 of the federal constitution.

The court also accepted an apology from lawyer Gideon Tan, who represented the two companies, over allegations of scandalising the court allegedly made by his clients, in an affidavit in support of their application to disqualify Sri Ram.

The panel, also comprising Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judges Ahmad Maarop and Zaleha Zahari, ordered Pasukhas Constructions Sdn Bhd and I-Innovations Construction Sdn Bhd to pay RM10,000 in legal costs to MTM Millenium Holdings Sdn Bhd.

Pasukhas Constructions and I-Innovations had applied to have Sri Ram, 69, disqualified from acting as counsel for MTM Millenium on grounds that he was a retired judge.

Outside the court, MTM Millenium’s lawyer, Harpal Singh Grewal, said this was the first time the Federal Court had made a decision on the issue of a retired judge coming back to practise as counsel.

Tan, meanwhile, said Sri Ram’s appearance as counsel would give a perception that the due administration of justice might be compromised.

Harpal argued that Section 35 of the Legal Profession Act 1976 (LPA) did not prevent any advocate and solicitor, be a retired judge, to appear at any court in the country.

“Section 36 of the LPA also provides that any person whose name is on the roll of advocates and solicitors and in possession of a valid practising certificate, has a right to appear in any court.

He said Sri Ram was a qualified person under the LPA and the companies’ application to disqualify him was without any legal basis.

Civil dispute over construction project

MTM Millenium is in a civil dispute with Pasukhas Constructions and I-Innovations Constructions over a construction project in Cherating, Pahang.

MTM Millenium is seeking leave to appeal to the Federal Court against the High Court and the Court of Appeal’s decisions which did not rule in favour of the company.

The Federal Court adjourned the hearing of the application for leave to appeal to Oct 30.

Previously, it was reported that Sri Ram would appear for Perak Pakatan Rakyat in its election petition cases but there was a debate over his decision to practice law after retirement.

Bar Council chairperson Christopher Leong had said former senior judges should act as consultants rather than appear in court, but Chief Justice Arifin Zakaria, on the other hand, had said retired judges should not be deprived of their right to appear as lawyers in court.

- Bernama