KUALA LUMPUR (April 11): The Malaysian Bar Council wants to be part of a legal case challenging the constitutionality of the Judicial Appointments Commission (JAC).
The case was filed by lawyer Datuk Wira Syed Amir Syakib Arsalan Syed Ibrahim, who argued that the JAC Act 2009 violates the Federal Constitution, particularly Article 122B, which outlines how judges should be appointed.
Syed Amir claims that the JAC allows too much government and prime ministerial influence in judicial appointments, which goes against international standards for judicial independence. He is asking the court to stop all judicial appointments made under the JAC until the issue is fully resolved, and wants the government to follow the Constitution without JAC involvement.
The Bar Council, led by president Mohamad Ezri Abdul Wahab, said it wants to offer its perspective in the case to support constitutional order and judicial independence.
Prime Minister Datuk Seri Anwar Ibrahim responded by saying the government will defend the JAC Act, but promised no interference in the legal process. The Bar welcomed this assurance, saying it is important for public trust in the legal system and separation of powers.
Since 2009, the JAC has made 521 judicial appointments, including four chief justices. Recent appointments include Datuk Seri Hasnah Mohammed Hashim as the Chief Judge of Malaya, and Tan Sri Ahmad Terrirudin Mohd Salleh, the former attorney general, as a Federal Court judge.