KUALA LUMPUR, Dec 7 — The High Court today fixed Feb 14 for decision of a judicial review application filed by Parti Amanah Negara (Amanah) assistant secretary Abang Ahmad Kerdee Abang Masagus, against the appointment of Tun Md Raus Sharif as Chief Justice and additional Federal Court judge.
Judge Datin Azizah Nawawi fixed the date in chambers after hearing the arguments of lawyer Mohamed Hanipa Maidin, representing Abang Ahmad Kerdee and senior federal counsel Suzana Atan and Shamsul Bolhassan who acted on behalf of Md Raus as the respondent.
Mohamed Hanipa, when met by reporters, said the respondent objected to his client’s application on the grounds that the application had no locus standi and could not be reviewed in court as Md Raus was appointed by the Yang di-Pertuan Agong.
The lawyer said his argument was the court had the jurisdiction to hear the application and that apart from the party, Malaysian citizens too had the constitutional right to file the review.
On the issue over the writ quo warranto, Mohamed Hanipa said the application was filed to challenge the appointee, not the one who appointed him.
Abang Ahmad Kerdee, as applicant, filed the application on Nov 1 seeking a declaration that Md Raus’ appointment as additional Federal Court judge on Aug 4, 2017 under Article 122 (1A) of the Federal Constitution was unconstitutional, null and void.
He also sought a writ quo warranto requiring the respondent to show cause, give reasons and basis for taking up the posts.
In addition he sought a certiorari order to cancel the respondent’s appointment as an additional Federal Court judge and Chief Justice, as well as an injunction order to prevent the respondent and/or his agents to execute his obligations, functions and duties whether as an additional Federal Court judge or the Chief Justice. — Bernama