Bar fails in bid to challenge Terrirudin’s appointment to JAC

In a recent decision, the High Court in Malaysia dismissed the Malaysian Bar's application for judicial review, effectively blocking their attempt to challenge the appointment of Ahmad Terrirudin Salleh to the Judicial Appointments Commission (JAC). Justice Norliza Othman ruled that Section 5(1)(e) of the JAC Act 2009 was clear and unambiguous, specifying that only a Federal Court judge appointed by the prime minister could be added to the JAC.

The court found no room for additional non-statutory criteria such as seniority or service length, as they were not mentioned in the legislation. The Malaysian Bar, representing over 24,000 lawyers, had filed the application in February, requesting 11 orders, including certiorari and mandamus orders, as well as an order compelling Terrirudin to disclose the basis of his appointment.

The Bar argued that unproven allegations and inferences could not form the basis of judicial review and emphasized that the court's role was to interpret the law as enacted by Parliament. The appointment of Terrirudin, a former attorney-general, to the Federal Court in November 2024 led to the Bar's legal challenge.