The Attorney-General's Chambers (AGC) has filed an application with the High Court in Kuala Lumpur to object Amanah's judicial challenge on the appointment of Justice Md Raus Sharif as the chief justice.

However, no reason was given to the media as to why the AGC was making the objection.

Senior federal counsel Suzana Atan came before Justice Azizah Nawawi today to inform that the application was filed yesterday.

The court then fixed Dec 7 to hear the leave application for judicial review by Amanah, which was filed through its assistant secretary, Abang Ahmad Kerdee Abang Masagus.

Lawyers Nazratun Naim Hammad Azizi and Sharifah Asma' Syed Azman appeared for Amanah.

Outside the court, Nazratun told reporters that they only received the objection from the chambers today.

“Initially, today was fixed for the hearing of Amanah's leave application,” she said.

In a leave application such as this, it is normal for it to be heard ex-parte (with only one party appearing) but at times the other side may be present to object.

Abang Kerdee (photo) filed the application on Nov 1 to get a writ of quo waranto for Justice Raus to explain the basis of him holding the posts of an additional judge or chief justice.

He claimed that Justice Raus can only hold the post as chief justice if he was a valid Federal Court judge.

Scheduled for mandatory retirement

Abang Kerdee added that Justice Raus was scheduled for mandatory retirement, according to Article 125 (1) of the Federal Constitution, on Aug 4 this year.

However, the top judge was on that day appointed as an additional judge before the Yang di-Pertuan Agong, on the advice of the previous chief justice, and was made the chief justice thereafter.

Abang Kerdee said in his application that the constitution states a chief justice should retire at the age of 66 years and six months, the automatic retirement age, without any further extension.

He also questioned the nature of Justice Raus' appointment, stating that an additional judge can only be appointed on the advice of a chief justice who is still holding the post.

Besides Amanah, former prime minister Dr Mahathir Mohamad and the Malaysian Bar have also filed applications to challenge the appointment.

However, Mahathir's application was dismissed by Justice Azizah on the grounds that Prime Minister Najib Abdul Razak has no statutory duty to advise the Yang di-Pertuan Agong to revoke the appointments of Justice Raus and Court of Appeal president Justice Zulkefli Ahmad Makinudin.

The Malaysian Bar wanted to pose six questions to the Federal Court on the appointments and the application is scheduled to be heard in the High Court on Dec 19.