KUALA LUMPUR: The High Court today dismissed the Malaysian Bar’s application for leave to commence judicial review proceedings to challenge the appointment of Federal Court judge Ahmad Terrirudin Salleh to the Judicial Appointments Commission.
In delivering her decision, Justice Norliza Othman held that Section 5(1)(e) of the JAC Act 2009 was unambiguous.
“Section 5(1)(e) is plain. It specifies the category of person: a Federal Court judge; and the appointing authority: the prime minister, and stops there,” she said.
Since both conditions were met, she said, the court could not read non-statutory criteria such as seniority, length of service, and freedom from unresolved allegations into the provision, as none of those requirements appeared in the legislation.
