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Daily Express
2 days ago
- Politics
- Daily Express
Court to hear Bar's bid for JAC minutes in September
Published on: Wednesday, July 16, 2025 Published on: Wed, Jul 16, 2025 By: V Anbalagan, FMT Text Size: Syed Amir Syakib Arsalan Syed Ibrahim (left) with his lawyers Simrenjit Singh and Daniel Annamalai (right) outside the High Court after today's proceedings. Kuala Lumpur: The High Court has agreed to hear an application by the Malaysian Bar seeking the disclosure of the minutes of every meeting held by the Judicial Appointments Commission (JAC) since January 2023. The application is tied to an ongoing suit brought by lawyer Syed Amir Syakib Arsalan Syed Ibrahim in which the Bar appears as an intervener. In his suit, Syed Amir is challenging the constitutionality of the JAC Act 2009. Advertisement At case management today, Justice Amarjeet Singh gave Syed Amir and the defendants – the government and the JAC – until July 30 to file their affidavits in reply. The judge also set Aug 30 as the deadline for all parties to tender their written submissions. The Bar's application, filed last week, contends that the JAC minutes must be sighted to resolve factual disputes raised in Syed Amir's amended originating summons. In an affidavit filed in support of the Bar's application, its secretary, Murshidah Mustafa, said the documents would assist the court in determining whether the case warrants referral to the Federal Court. Earlier, Syed Amir's counsel, Simrenjit Singh, urged Amarjeet to hear his client's reference application to the Federal Court first. 'The JAC members have an overreaching influence on the executive, which is not envisaged by the Federal Constitution,' said Simrenjit, who was assisted by Daniel Annamalai. That position was supported by senior federal counsel Ahmad Hanir Hambaly, appearing for the defendants. Counsel Christopher Leong, appearing for the Bar, however, called for the court to dispose of the discovery application first, pointing out that Syed Amir had in his affidavit alleged executive interference in the exercise by the JAC of its functions. 'Our application will become academic should the court allow the plaintiff's reference application,' said Leong, who appeared with B Anand Raj and Abdul Rashid Ismail. Lawyer Ramkarpal Singh, acting for Bersih – granted amicus curiae status in the proceedings – said the Bar's application should take precedence. 'The JAC Act is not unconstitutional and the plaintiff's 16 legal questions for reference are too general,' the MP and former deputy law minister said. Syed Amir filed his reference application on June 25. He is seeking a ruling as to whether the JAC Act 2009 contravenes the constitution, and whether judicial appointments made under the Act are rendered void as a result. His originating summons, filed in April, challenges the constitutionality of the JAC Act 2009, its alignment with the Federal Constitution, and the legitimacy of all judicial appointments made under its purview. He argues that the Act impinges on the supremacy of the constitution, as provided by Article 4, and that it is invalid as it violates Article 38(4), having been passed without the consent of the Conference of Rulers. Syed Amir further claims that the commission's powers breach the doctrine of separation of powers and the constitution's basic structure. He is seeking a mandamus order to compel strict adherence to Article 122B of the constitution, arguing that the prime minister has absolute discretion in advising the Yang di-Pertuan Agong on judicial appointments. The JAC is responsible for nominating judges to the superior courts and recommending candidates for top judicial roles, including chief justice and chief judges for Malaya and Sabah & Sarawak. Syed Amir contends that his legal questions are neither academic nor hypothetical, and that the outcome of the suit may affect all judicial appointments made since 2009. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Free Malaysia Today
07-07-2025
- Politics
- Free Malaysia Today
July 16 hearing on lawyer's bid to challenge JAC's constitutionality
The KL High Court has to determine whether the questions posed crossed the threshold of Section 84 of the Courts of Judicature Act 1964 for it to send the case to the apex court, which is the 'guardian of the Federal Constitution'. KUALA LUMPUR : The High Court will hear on July 16 a lawyer's application to refer several legal questions to the Federal Court regarding the constitutionality of the Judicial Appointments Commission (JAC) and its authority to propose candidates for judicial appointments. Counsel Daniel Annamalai, who is appearing for Syed Amir Syakib Arsalan Syed Ibrahim, said the court notified the parties about the matter via e-mail last week. That date was fixed in May by Justice Amarjeet Singh to hear Syed Amir's originating summons on the same subject matter. Syed Amir withdrew his stay application to suspend JAC activities and instead filed 16 questions of law on June 25 for the determination of the Federal Court. Amarjeet has to now determine whether the questions crossed the threshold of Section 84 of the Courts of Judicature Act 1964 for him to send the case to the apex court, which is the 'guardian of the Federal Constitution'. Syed Amir has named the government and JAC as defendants. Annamalai said the Bar Council would remain as an intervener in the latest application. Syed Amir is seeking a ruling on whether the JAC Act 2009 contravenes the constitution and is therefore unconstitutional, and whether judicial appointments made under the Act are rendered void as a result. He also questions whether the establishment of the JAC – without an express constitutional amendment and without consultation with the Conference of Rulers as required under Article 38(4) – invalidates the Act. In the originating summons filed in early April, Syed Amir argues that the powers vested in the nine-member JAC violate the doctrine of separation of powers and the basic structure of the constitution. He is seeking a mandamus order to compel the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the Federal Constitution. He further claims that the JAC Act is inconsistent with Article 4, which declares the written constitution as the supreme law of the land. Under the JAC Act, the commission is tasked with proposing nominees for judicial appointments to the High Court, the Court of Appeal and the Federal Court. It also recommends candidates for the positions of chief justice, the president of the Court of Appeal, the chief judge of Malaya, and the chief judge of Sabah and Sarawak when vacancies arise. Syed Amir asserts that the questions were neither academic nor hypothetical but directly affect the validity of all judicial appointments made in Malaysia since 2009. He also maintains that Article 122B of the Federal Constitution grants the prime minister absolute discretion to advise the Yang di-Pertuan Agong on judicial appointments.
Free Malaysia Today
25-06-2025
- Politics
- Free Malaysia Today
Lawyer drops bid to suspend JAC's activities
Lawyer Syed Amir Syakib Arsalan Syed Ibrahim now intends to pose his legal question to the Federal Court. KUALA LUMPUR : Lawyer Syed Amir Syakib Arsalan Syed Ibrahim has withdrawn his application to bar the Judicial Appointments Commission (JAC) from recommending judicial appointments and filling top administrative posts in the judiciary. Justice Amarjeet Singh, who had been scheduled to hear oral submissions today, was informed by counsel Daniel Annamalai that his client had instructed him to withdraw the stay application. The judge then struck out the application with no order as to costs. Daniel told reporters later that Syed Amir had declined to proceed with the stay application as he is planning to apply for constitutional questions to be referred to the Federal Court for determination. In his main suit filed in early April, Syed Amir contended that the powers conferred on the nine-member JAC violate the doctrine of separation of powers and the basic structure of the constitution. He is seeking a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the constitution. Syed Amir claims that the JAC Act is inconsistent with Article 4, which states that the written constitution is the supreme law of the land. Under the JAC Act, the commission proposes the nomination of judges to the High Court, the Court of Appeal and the Federal Court. It also recommends nominees for the posts of chief justice, the Court of Appeal president, the chief judge of Malaya, and the chief judge of Sabah and Sarawak as and when they fall vacant. Syed Amir's application was made under Section 84 of the Courts of Judicature Act to persuade Amarjeet to refer the legal question posed to the apex court. Senior federal counsel Ahmad Hanir Hambaly appeared for the government and JAC, while lawyers Christopher Leong and Karen Cheah represented the Bar Council, which had filed their written submissions. Amarjeet is scheduled to hear the main suit on July 16.
Free Malaysia Today
08-05-2025
- Politics
- Free Malaysia Today
June 25 hearing for lawyer's bid to suspend JAC's activities
Lawyer Syed Amir Syakib Arsalan Syed Ibrahim wants JAC to suspend its activities until the conclusion of his main suit. KUALA LUMPUR : The High Court will hear on June 25 a stay application by a lawyer to prevent the Judicial Appointments Commission (JAC) from carrying out its functions of recommending judges for appointment to the superior courts and filling administrative positions in the judiciary pending the outcome of the legal suit. Justice Amarjeet Singh set the date following case management involving Syed Amir Syakib Arsalan Syed Ibrahim, who named the government and JAC as defendants in his originating summons. The Bar Council has been allowed to intervene in the proceedings. Amarjeet also set a timeline for the parties to file their affidavits and written submissions. Federal counsel Safiyyah Omar, representing the government and JAC, said the defendants would oppose the stay application. Lawyers Christopher Leong, Karen Cheah, and New Sin Yew appeared for the Bar Council. In his stay application filed last week, Syed Amir said the Federal Constitution does not require the prime minister to rely on JAC's recommendations when advising the Yang di-Pertuan Agong to make the appointments. Syed Amir, who is challenging the constitutionality of the JAC Act 2009, said Article 122B of the constitution allows the prime minister to make recommendations of his own accord. Article 122B states that judges and administrative position holders shall be appointed by the Yang di-Pertuan Agong acting on the prime minister's advice, after consultation with the Conference of Rulers. Syed Amir said he did not intend to suspend or paralyse judicial appointments, or obstruct the exercise of the constitutional functions of the prime minister or the king. 'This application is only intended to prevent any further reliance or implementation of the challenged legal framework pending the final decision of the court,' he said. In his main suit filed last month, Syed Amir contended that the powers conferred on the nine-member JAC violate the doctrine of separation of powers and the basic structure of the constitution. He is seeking a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the constitution. He claims the JAC Act is inconsistent with Article 4, which states that the written constitution is the supreme law of the land. Under the JAC Act, the commission proposes the nomination of judges to the High Court, the Court of Appeal, and the Federal Court. It also recommends nominees for the posts of chief justice, Court of Appeal president, chief judge of Malaya, and chief judge of Sabah and Sarawak as and when they fall vacant. Justice Amarjeet fixed July 16 to hear the main suit.
Free Malaysia Today
02-05-2025
- Politics
- Free Malaysia Today
Lawyer files application to suspend JAC's activities
Lawyer Syed Amir Syakib Arsalan Syed Ibrahim wants the JAC to suspend its activities until the conclusion of his main suit. KUALA LUMPUR : A lawyer has filed an application to compel the Judicial Appointments Commission to suspend its activities of recommending judges for elevation and to hold administrative positions pending the outcome of a legal suit. However, Syed Amir Syakib Arsalan Syed Ibrahim said in his application filed in the High Court here today the prime minister may advise the Yang di-Pertuan Agong on judicial appointments without being bound or subject to the recommendations of the JAC. Syed Amir, who is challenging the constitutionality of the JAC Act 2009, said the prime minister could perform that function under Article 122B of the Federal Constitution. Article 122B states that judges and administrative position holders shall be appointed by the Yang di-Pertuan Agong acting on the prime minister's advice, after consultation with the Conference of Rulers. He said he did not intend to suspend or paralyse judicial appointments, or obstruct the exercise of constitutional functions by the prime minister or the king. 'Rather, this application is only intended to prevent any further reliance or implementation of the challenged legal framework pending the final decision of the court,' he said. Syed Amir told FMT that unsealed copies of the stay application have been served on the defendants – the government and the JAC, and the Bar Council, which is allowed to come in as an intervener. In his main suit filed last month, Syed Amir contends that the powers conferred on the nine-member JAC violate the doctrine of separation of powers and the basic structure of the constitution. He is seeking a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the constitution. He claims the JAC Act is inconsistent with Article 4, which states that the written constitution is the supreme law of the land. Under the JAC Act, the commission proposes the nomination of judges to the High Court, the Court of Appeal, and the Federal Court. It also recommends nominees for the posts of chief justice, Court of Appeal president, chief judge of Malaya, and chief judge of Sabah and Sarawak as and when they fall vacant. Justice Amarjeet Singh has fixed July 16 to hear the main suit.
