KUALA LUMPUR, Oct 5 — The High Court today dismissed the Malaysian Bar’s application for leave to commence judicial review proceedings challenging the appointment of Federal Court judge Ahmad Terrirudin Salleh to the Judicial Appointments Commission (JAC), according to a report by Free Malaysia Today (FMT).
Justice Norliza Othman, in delivering her decision, 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 was quoted as saying.
Since both conditions were met, Norliza 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.
