What does the Malaysian Bar want the High Court to declare regarding the appointment?

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The Malaysian Bar Seeks to Annul Tan Sri Ahmad Terrirudin Mohd Salleh's Appointment to the Judicial Appointments Commission

The Malaysian Bar is requesting a High Court declaration that the appointment of Tan Sri Ahmad Terrirudin Mohd Salleh to the Judicial Appointments Commission (JAC) is unlawful, null, and void. Concurrently, the Bar is seeking a stay on this appointment until the judicial review proceedings conclude. This challenge is centred on the composition of the JAC and the statutory powers it exercises.
Declaration of Unlawful Appointment

The core of the Malaysian Bar's legal action is its pursuit of a declaration from the High Court. This declaration would formally state that the Prime Minister's decision to appoint Federal Court Judge Tan Sri Ahmad Terrirudin Mohd Salleh to the JAC is invalid and has no legal effect. This specific request aims to invalidate the appointment from its inception.
Stay of Appointment Pending Review

In addition to seeking the annulment of the appointment, the Malaysian Bar is also applying for a stay. This means they want the court to temporarily suspend the effectiveness of Ahmad Terrirudin's appointment to the JAC. Such a stay would remain in effect until the High Court has fully heard and decided on the merits of the judicial review application.
Challenge to JAC Composition and Powers

The legal challenge by the Malaysian Bar is fundamentally an argument about the composition of the Judicial Appointments Commission. The Bar contends that the appointment process, and by extension the commission's makeup, may not align with the proper exercise of its statutory powers. This broader concern underpins their specific request for the court to review and potentially quash the appointment.
Arguments Presented by the Attorney General's Office

Representing the Attorney General, Senior Federal Counsel Shamsul Bolhassan has argued that the appointment of Ahmad Terrirudin does not breach the Judicial Appointments Commission Act. The submission highlights that Ahmad Terrirudin meets the stipulated requirements for JAC membership, namely being a Federal Court judge, and that the appointment was made by the Prime Minister. It was further argued that Ahmad Terrirudin, as one of several members, cannot unilaterally influence judicial appointments, as the JAC's role is to make recommendations, with final judicial appointments resting with the Yang di-Pertuan Agong.

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What does the Malaysian Bar want the High Court to declare regarding the appointment?

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