Delay in Chief Justice appointment not a constitutional crisis, says expert [WATCH]
While acknowledging the leadership gap at the Federal Court following Tun Tengku Maimun Tuan Mat's retirement, Shad said the judiciary remains functional and orderly.
"I do not quite agree with my brother lawyers and academicians who say that we are rudderless and leaderless. I think that's an overstatement," he told the New Straits Times' Beyond the Headlines.
He added that both the High Court and Court of Appeal can continue functioning, and a stopgap measure could be introduced to minimise disruption.
"What can be done—which will be an incomplete solution—is that the Chief Judge of the High Court of Malaya could be appointed in an interim capacity as the President of the Court of Appeal," he said.
Shad, who was interviewed via video call, spoke ahead of the appointment of an acting Chief Justice, who was named by the Judiciary on July 3.
Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is now acting Chief Justice, performing the duties of the office until a permanent appointment is made.
"With that, the Court of Appeal can function, and the High Court, of course, functions. It's the Federal Court that cannot operate today or tomorrow—but hopefully, God willing, in the next few days, there could be an appointment to the Federal Court."
Under the Federal Constitution, the Court of Appeal president would usually act as Chief Justice in the event of a vacancy.
However, that role is currently complicated by the retirement of its previous holder, Tan Sri Abang Iskandar Abang Hashim.
His last day of service was on July 2, before the acting Chief Justice was named.
Shad, a former member of the Judicial Appointments Commission (JAC), also dismissed the idea that the delay reflects a failure on the JAC's part.
"I don't think it's an oversight. The retirement is not an overnight decision—we knew it was coming," he said.
He also said he was sad that neither Tengku Maimun nor Abang Iskandar were granted short-term tenure extensions, saying both were highly regarded for their integrity and leadership.
"I feel extremely sad that a judge as exceptional as Tengku Maimun has been given some sort of message that she's not suitable for leading the judiciary for another six months," he said.
"Abang Iskandar is also highly respected for his integrity, and he too has not been extended."
Shad said while the situation was not ideal, it should be seen as an opportunity to examine how such transitions can be managed more effectively in future.
"This is the first time in recent memory we're facing such a situation. Like many things, we learn from it. We look at the current variables, and we move forward."
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