KUALA LUMPUR, Oct 5 — The High Court has dismissed the Malaysian Bar’s application for leave to challenge the appointment of Federal Court judge Tan Sri Ahmad Terrirudin Mohd Salleh to the Judicial Appointments Commission (JAC).
In delivering the decision, Justice Norliza Othman held that Section 5(1)(e) of the Judicial Appointments Commission Act 2009 was plain and clear, specifying only two requirements, namely that the appointee must be a serving Federal Court judge and that the appointing authority is the Prime Minister.
“The applicant accepts both are satisfied, yet asks the court to read in implied requirements: seniority, length of service, prior High Court/Court of Appeal experience, freedom from unresolved allegations, consultation, and conformity with an asserted convention, none of which appears in the text.
“However, none of those requirements appeared in the JAC Act. The provision requires only a serving Federal Court judge appointed by the Prime Minister. Both are satisfied, and the court cannot read in criteria Parliament did not enact,” she said today.
The court also rejected the Bar’s arguments on illegality, irrationality and bad faith, ruling that the appointment complied with the law.
On irrationality, Justice Norliza found that nothing in the appointment was so illogical or contrary to accepted moral standards that no sensible decision-maker could have reached it.
“Therefore, leave is refused. Cost of RM3,000 to be paid by the applicant to the Attorney-General,” she said.
The Bar filed the leave application on February 12, naming Terrirudin, the Prime Minister, the JAC, and the government as respondents.
It sought to quash the Prime Minister’s decision to appoint Terrirudin as a JAC member and compel the Prime Minister to exercise his power to appoint JAC members in accordance with Malaysian law, constitutional conventions, and the JAC Act.
The Bar also sought a Royal Commission of Inquiry to investigate allegations against Terrirudin, with the findings to be made public, as well as a declaration that the appointment is unlawful, null, and void.
It further sought a stay of the appointment pending the disposal of the judicial review proceedings.
According to the Federal Government Gazette dated November 18 last year, Terrirudin was appointed as a JAC member for a two-year term from November 15, 2025, to November 14, 2027.
