What established convention did the Bar claim was broken?

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The Malaysian Bar Claims a Convention of Appointing Senior Apex Court Judges to the JAC Was Broken

The Malaysian Bar has initiated legal proceedings, seeking to nullify the appointment of Federal Court judge Tan Sri Ahmad Terrirudin Salleh to the Judicial Appointments Commission (JAC). The Bar's central contention is that this appointment violates a long-standing convention of assigning a senior judge from the apex court to this significant role. This departure from precedent, they argue, undermines established constitutional norms.
Departure from Seniority Convention

The Bar's application for judicial review highlights that Tan Sri Ahmad Terrirudin Salleh, despite being elevated to the Federal Court in November 2024, is not considered a senior judge within the apex court. The statutory body, representing approximately 24,000 lawyers in Peninsular Malaysia, asserts that the customary practice has been to appoint judges with considerable tenure and seniority at the Federal Court level to the influential position within the JAC.
Legal Aims of the Judicial Review

In their application, the Malaysian Bar is seeking a declaration that the Prime Minister's decision to appoint Terrirudin was unlawful, null, and void. Furthermore, they are requesting an order of certiorari to quash the appointment itself. The Bar also seeks an interim order to stay the appointment pending the outcome of the legal challenge and an order of prohibition to prevent Terrirudin from assuming any other judicial office-bearer positions.
Respondents and Broader Concerns

Named as respondents in the suit are Prime Minister Datuk Seri Anwar Ibrahim, Tan Sri Ahmad Terrirudin Salleh himself, the JAC, and the government. This legal challenge arises within a context of broader concerns regarding the Malaysian judiciary. Notably, a police investigation into allegations of judicial interference by an unnamed Federal Court judge was recently closed due to insufficient evidence. The High Court has scheduled March 16 to hear the Bar's application for leave to commence this judicial review.

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What established convention did the Bar claim was broken?

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