Malaysian Bar seeks court order for access to JAC meeting minutes
Christopher Leong who appeared for the Malaysian Bar said the application was made due to a dispute over facts in the ongoing proceedings.
He said this when met after a court hearing today on an originating summons filed by a lawyer to challenge the constitutionality of the JAC Act 2009, naming the government and the JAC as respondents.
"Judge Datuk Amarjeet Singh has fixed Sept 11 to hear the application," said the former Malaysian Bar president.
On April 22, the same court allowed the Malaysian Bar to intervene, while the Human Rights Commission (Suhakam) was allowed to hold a watching brief in the case.
The lawsuit was filed on April 8 by Datuk Syed Amir Syakib Arsalan Syed Ibrahim, who is seeking a declaration that the JAC Act is unconstitutional, null, and void for contravening Article 122B of the Federal Constitution.
He is also seeking a mandamus order to compel the prime minister and the government to comply with the judicial appointment process set out under Article 122B of the Federal Constitution and be free from any interference by the Commission.
Article 122B provides that the appointment of judges shall be made by the Yang di-Pertuan Agong, acting on the advice of the prime minister after consulting the Conference of Rulers.
In addition, he is seeking an interim stay of any judicial appointments made according to the JAC Act 2009 pending the disposal of the application and further orders deemed fair, just and appropriate in the interests of justice.
Malaysian Bar secretary Murshidah Mustafa, in her supporting affidavit, claimed that Bar president Mohamad Ezri Abdul Wahab had requested the documents from the then JAC chairperson via a letter dated May 9.
However, the request was rejected on June 5, with the JAC citing Section 32 of the Judicial Appointments Commission Act, which imposes a duty of secrecy on its members and prohibits disclosure of any information unless ordered by the court.
She claimed the documents are relevant and necessary to demonstrate the actual working of the JAC in carrying out its statutory duties and powers under the JAC Act 2009.
On April 10, Malaysian Bar president Mohamad Ezri Abdul Wahab in a statement said the challenge was raising important constitutional questions and reaffirmed the right of every citizen to seek judicial clarity on matters of public importance.
He added that the Bar has long called for reforms to the JAC Act, particularly to reduce its judge-centric composition and promote greater diversity and inclusivity, while reviewing the executive's role in judicial appointments.
He said the Bar Council's Civil Law and Law Reform Committee is currently finalising a comprehensive list of proposed amendments, which will be submitted to the government for consultation.
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