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Challenge to validity of the appointment of former CJ and PCA and effect on their decisions

On 19.8.2020, the Federal Court heard seven applications filed by various parties, to review decisions handed down by the Federal Court.  The Chief Justice, Tun Tengku Maimun binti Tuan Mat, chaired the panel of five Federal Court judges which heard the said applications.

These review applications concern a common contention, that the Federal Court decisions granted earlier were given by panels of Judges which had included either the then Chief Justice (CJ), Tun Md Raus bin Sharif, or the then President of the Court of Appeal (PCA),  Tan Sri Zulkefli bin Ahmad Makinudin.

The contention was that their appointments, as the CJ and PCA after their retirement age had been reached, were unconstitutional and therefore any decision by a panel of Federal Court judges which included either of them would render that decision invalid.

Our Ms Yoong Sin Min together with Mr Poh Choo Hoe were involved in two out of the said seven matters and had opposed the applications to review the Federal Court decision made in favour of our clients. The lead opposing counsel for the applicants in our matters was Dato Seri Gopal Sri Ram.

The Federal Court has reserved its decision on all the review applications to a date to be fixed. We will post an update as soon as the decision is delivered.

This article is intended for general information of the clients of our Firm. It should not be regarded as legal professional advice. If you need advice based on specific facts, please feel free to contact us.

 

 

 

 

Yoong Sin Min
Senior Partner
[email protected]
Poh Choo Hoe
Partner
[email protected] 
English China