Latest news with #SyedAmirSyakibArsalanSyedIbrahim
Malaysiakini
6 days ago
- Politics
- Malaysiakini
Lawyer withdraws JAC Act challenge after govt assures improvements
Senior lawyer Syed Amir Syakib Arsalan Syed Ibrahim has withdrawn his judicial review application filed in May, challenging the Judicial Appointments Committee (JAC) Act 2009. In a statement today, he said he instructed his legal team to discontinue proceedings, including the application to refer constitutional questions to the Federal Court under Article 128(2) of the Federal Constitution. 'This decision follows recent public statements by...
Free Malaysia Today
16-07-2025
- Politics
- Free Malaysia Today
Court to hear Bar's bid for JAC minutes in September
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. 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.
Daily Express
16-07-2025
- 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
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.
