Bar wants to challenge Terrirudin's JAC appointment

The Malaysian Bar has filed a judicial review application seeking the court to declare, among others, that Prime Minister Anwar Ibrahim’s decision to appoint Federal Court judge Ahmad Terrirudin Salleh to the Judicial Appointments Committee (JAC) is null and void.

Court documents show that the application was filed via Messrs Clinton Tan on Feb 12 at the Kuala Lumpur High Court. Leave to pursue the challenge was sought under Order 53 Rule 3 of the Rules of Court 2012.

The bar, which is the sole applicant, named Terrirudin (above), Anwar, the JAC, and the government as the first to fourth respondents.

It further sought a mandamus order to compel the JAC to establish a royal commission of inquiry to investigate allegations against Terrirudin, with its findings to be made public.

Apart from these, the bar also sought the court to make a mandamus order to compel Anwar to exercise the prerogative of appointing a JAC member in accordance with the law, including in accordance with the established conventions and the Judicial Appointments Commission Act 2009.

They also wanted the court to make the order of quo warranto to compel Terrirudin to show cause and disclose the basis of his appointment to the JAC instead of other members of the judiciary, as well as the same order to Anwar, the JAC, and the government for the appointment.

“(We are seeking) an order of mandamus to compel the third respondent to release, provide, or disclose a copy of (their) minutes of the meeting held on May 16, 2025, to the applicant within seven days from the date of the disposal of this application for leave.

“(We also sought) an order of prohibition restraining the second, third, and fourth respondents from appointing the first respondent to any office-bearer position in the judiciary until the full and final disposal of these judicial review proceedings.

“(As well as) a declaration that the decision (of Terrirudin’s appointment to be declared) unlawful, null and void,” the documents read.

It also sought the court’s order for a stay of the appointment pending the full and final disposal of the judicial review proceedings.

Terrirudin’s appointment

Terrirudin was appointed as one of the nine members of the JAC last November, replacing former Federal Court judge Zabariah Yusof, who retired in October.

He was appointed by Prime Minister Anwar Ibrahim under the quota of five executive-picked members of the JAC.

Under that quota, the prime minister can appoint one Federal Court judge and four eminent persons who are not members of the executive or other public service.

The other four members of the JAC, who are automatically appointed by virtue of their position in the judiciary, are the chief justice, who is also the commission’s chairperson, the Court of Appeal president, and the two chief judges representing East and West Malaysia.

The move was touted as a departure from the longstanding practice of assigning that slot to a senior Federal Court judge.

In terms of seniority, the top Federal Court judge is Rhodzariah Bujang, who joined the top court in March 2020, while Terrirudin joined in November 2024.

Chief Justice Wan Ahmad Farid Wan Salleh said in December that the appointment was done with the prime minister’s discretion as per the law, without needing to consult anyone, including himself, and the decision cannot be challenged.

JAC controversy

The JAC selects persons who merit appointment as judges of the superior court for the prime minister’s consideration, among other roles.

It was the subject of intense scrutiny and controversy over allegations that a Federal Court judge was accused of judicial interference during a commission meeting in May.

Queries by Malaysiakini to the judge in June led to a police investigation after the judge ordered an aide to lodge a police report.

Later in July, purported minutes of the meeting leaked on social media.

This led to a full-blown judicial scandal, with fears that the executive was trying to exert control over the judiciary, with the judge in question allegedly poised to become chief judge of Malaya and then the chief justice.

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