What specific legal challenge does the Malaysian Bar pose to the appointment?

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The Malaysian Bar's Legal Challenge to Federal Court Judge Ahmad Terrirudin's JAC Appointment

The Malaysian Bar has initiated a legal challenge against the appointment of Federal Court Judge Tan Sri Ahmad Terrirudin Mohd Salleh to the Judicial Appointments Commission (JAC). Their application for judicial review seeks to quash the Prime Minister's decision, declare the appointment unlawful, and compel adherence to statutory requirements and established conventions in the appointment process.
Quashing the Appointment and Declaratory Relief

The core of the Malaysian Bar's legal challenge is its request for a certiorari order to quash the Prime Minister's decision to appoint Ahmad Terrirudin to the JAC. Furthermore, the Bar seeks a declaration from the High Court that the appointment is unlawful, null, and void. This aims to invalidate the appointment based on alleged breaches of the Judicial Appointments Commission Act and established legal conventions.
Mandamus Orders for Compliance and Inquiry

Beyond quashing the current appointment, the Malaysian Bar is seeking two separate mandamus orders. The first is to compel the Prime Minister to exercise his prerogative in appointing JAC members strictly in accordance with Malaysian law, established conventions, and the JAC Act. The second mandamus order sought is for the establishment of a royal commission of inquiry to investigate allegations against Ahmad Terrirudin, with a requirement for its findings to be made public.
Alleged Failure to Meet Statutory Requirements

The Attorney General's representative, Senior Federal Counsel Shamsul Bolhassan, argued that the Malaysian Bar has failed to demonstrate any breach of the JAC Act. He contended that Ahmad Terrirudin meets the stipulated requirements for JAC membership under Section 5(1)(e) of the JAC Act, which mandates the appointee to be a Federal Court judge and the appointment to be made by the Prime Minister. The government's position is that these conditions were satisfied.
Arguments on JAC's Limited Influence

Shamsul Bolhassan further argued that Ahmad Terrirudin, as one of several members on the JAC, cannot unilaterally influence judicial appointments. He emphasised that the JAC's role is limited to making recommendations, with the ultimate authority for judicial appointments resting with the Yang di-Pertuan Agong, acting on the Prime Minister's advice, as per the Constitution. This counters the Bar's implicit or explicit concerns about the composition and potential influence of the commission.

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What specific legal challenge does the Malaysian Bar pose to the appointment?

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