The High Court in Kuching yesterday allowed the Advocates Association of Sarawak (AAS) to refer constitutional questions regarding the appointment and extension of Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin to the Federal Court.

This is regarding them holding the office beyond the constitutional retirement age of 66 years and six months. They attained the mandatory retirement age last year, in August and October respectively.

Judicial commissioner Dean Wayne Daly allowed the application by AAS to refer the matter.

It was learnt that former chief justice Arifin Zakaria, Justice Raus and Justice Zulkefli were named as respondents to the case. They were all represented by senior federal counsel Suzana Atan.

AAS president Ranbir Singh Salha was reported to have said that they got the mandate to file the challenge after getting the go-ahead from delegates from four areas during an extraordinary delegates meeting.

Their questions are understood to be similar to the ones posted by the Malaysian Bar, which mounted the same challenge.

The Bar's five questions pursuant to Section 84 of Courts of Judicature Act as allowed by the High Court in Kuala Lumpur last Dec 19 were:

  1. Whether under Article 122(1A) of the Federal Constitution an additional judge can be appointed on the advice of the chief justice, which advice is to take effect after the latter’s retirement.
  2. Whether under Article 122B(2) of the Federal Constitution the president of the Court of Appeal can be appointed upon the prime minister consulting the chief justice, which appointment is to take effect after the retirement of the said chief justice.
  3. Whether under Article 122(1A) read together with Article 122B(1), 122B(2) and Article 125(1) of the Federal Constitution an additional judge can be appointed as the chief justice or the president of the Court of Appeal.
  4. Whether the appointments of judges by the Yang Di-Pertuan Agong under Articles 122(1A) and 122(1) of the Federal Constitution is justiciable.
  5. Whether the appointment of additional judges and thereafter of the chief justice and the president of the Court of Appeal announced whilst they were serving judges but to take effect after retirement violates Article 122(1), 122(1A) and 125(1) of the Federal Constitution.