KUALA LUMPUR, July 10 — Tan Sri Md Raus Sharif should reject his appointment as an additional judge of the Federal Court to maintain his integrity, an Amanah lawmaker urged today.
Sepang MP Hanipa Maidin said the recent appointment which extends Raus’ tenure as Chief Justice for three years was unconstitutional and taints his image as a lawyer.
“Now, the ball is in Raus’ court, he by right should refuse the offer. I hope the government admits the mistake and withdraw his appointment.
“Rauf also should refuse to take up the offer. Any decision cannot be tainted by element of bias,” he said in a press conference today.
The lawyer by profession added that Raus’ appointment under Article 122 of the Federal Constitution was unlawful as any appointment made was done upon the advice of the Chief Justice.
Amanah which is supposed to file a judicial review on the matter said it will be going ahead with the legal action but only after the Malaysian Bar’s extraordinary general meeting on the matter.
Hanipa said that this was to prevent from any parties claiming subjudice if the matter is to be discussed during the Bar’s meeting.
The Malaysian Bar yesterday slammed the appointments as not only unconstitutional, but unprecedented.
Last Friday, the Prime Minister’s Office said the appointment of the Chief Justice and the President of Court of Appeal, who are appointees as additional judges in the Federal Court, is pursuant to Article 122(1A) of the Federal Constitution.
It said pursuant to Article 122B(1) of the Federal Constitution, His Majesty the Yang di-Pertuan Agong, on the advice of the Prime Minister and after consultation with the Conference of Rulers convened on May 24 and 25 this year, is pleased to announce both appointments.
On April 1, 2017, Md Raus, was appointed as the 14th Chief Justice of Malaysia, replacing Tun Arifin Zakaria who retired after reaching the age of 66 years and six months, on March 31, 2017.
The retirement age for judges is 66.
The services of Arifin as Chief Justice and Md Raus as Court of Appeal President had earlier been extended for six months.