Why is the Malaysian Bar challenging the appointment of Justice Terrirudin to the JAC?

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The Malaysian Bar is challenging Justice Terrirudin's appointment to the JAC due to a departure from constitutional norms and established convention.

The Malaysian Bar has initiated judicial review proceedings with the aim of quashing the appointment of Federal Court judge Tan Sri Ahmad Terrirudin Salleh to the Judicial Appointments Commission (JAC). The core of the Bar's argument is that this appointment deviates from established constitutional norms and breaks a long-standing convention of appointing a senior apex court judge to the JAC. Terrirudin, who was appointed to the Federal Court in November 2024 and is a former attorney-general, is seen by the Bar as not fitting the precedent.
Legal Basis for the Challenge

The Bar's legal challenge is grounded in seeking specific declarations and orders from the High Court. They are asking for 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, effectively seeking to nullify it. The application also includes a request for a stay on the appointment while the legal challenge is ongoing and an order of prohibition to prevent Terrirudin from being appointed to any other judicial office-bearer positions in the future.
Departure from Convention and Seniority Concerns

A central tenet of the Malaysian Bar's objection is the perceived breach of a significant convention. The Bar contends that the JAC, a body established in 2009 responsible for recommending judicial candidates to the prime minister, has historically been populated by senior judges from the apex court. The appointment of Terrirudin, who only recently ascended to the Federal Court in November 2024, is seen as a departure from this established practice, raising concerns about the seniority and experience typically expected for such a role.
Broader Context of Judicial Concerns

This legal action by the Malaysian Bar occurs against a backdrop of wider concerns surrounding the Malaysian judiciary. These concerns have been amplified by recent events, including a police investigation into allegations of judicial interference by an unnamed Federal Court judge, which was reportedly 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, indicating the seriousness with which the court views the matter. The respondents named in the application include the Prime Minister, Tan Sri Ahmad Terrirudin Salleh himself, the JAC, and the government.

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Why is the Malaysian Bar challenging the appointment of Justice Terrirudin to the JAC?

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