FEDERAL COURT PUTRAJAYA
BAR COUNCIL MALAYSIA – Appellant
Versus
TUN DATO SERI ARIFIN ZAKARIA & ORS AND ANOTHER APPEAL; PERSATUAN PEGUAM-PEG.... – Respondent
| Table of Content |
|---|
| 1. validity of post-retirement judicial appointments. (Para 1 , 4) |
| 2. constitutional questions surrounding judges’ appointments. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court questions depend on actual live issues. (Para 13) |
| 4. implications of mootness in judicial inquiries. (Para 18) |
| 5. judicial impartiality and public confidence are essential. (Para 20 , 22) |
[1] These references of constitutional questions under s 84 of the Courts of Judicature Act 1964 raise the issue of whether the appointments of the 2nd respondent and the 3rd respondent as the Chief Justice of Malaysia and the President of the Court of Appeal respectively, after their mandatory retirements, are valid and constitutional.
[2] In Civil Reference No: 06-01-2018(W), the applicant is the Bar Council who represents the advocate and solicitors in West Malaysia. In Civil Reference No. 06(f)-5-02-2018(Q), the applicant, the President of the Advocates Association of Sarawak, represents the advocates in Sarawak.
[3] Pursuant to an Order of the High Court at Kuching dated 23 March 2018 inter alia, the Sabah Law Society was permitted to appear as amicus curiae at the hearing of the Reference No: 06-5-02-2018(Q).
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