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In a decision delivered on October 5, the High Court in Malaysia rejected a request from the Malaysian Bar to initiate judicial review proceedings regarding the appointment of Federal Court judge Ahmad Terrirudin Salleh to the Judicial Appointments Commission (JAC). Justice Norliza Othman, in her ruling, clarified that Section 5(1)(e) of the JAC Act 2009 is explicit and unambiguous.

This section clearly defines the two requirements for appointment: being a Federal Court judge and being appointed by the prime minister. Justice Norliza emphasized that non-statutory criteria such as seniority, length of service, and a lack of unresolved allegations cannot be inferred from the legislation, as they were not included in the Act.

The court also dismissed the Bar’s claims of illegality and irrationality, stating that unproven allegations and inferences cannot form the basis for judicial review. The High Court's role is to interpret the law as enacted by Parliament, according to the report by Free Malaysia Today. Ahmad Terrirudin, who was appointed to the Federal Court in November 2024, will serve a two-year term on the JAC, starting from his appointment date until November 14, 2027.

The Bar, representing approximately 24,000 lawyers in Peninsular Malaysia, filed the application in February, seeking various orders including a certiorari order to nullify Prime Minister Anwar Ibrahim’s decision to appoint Terrirudin to the JAC on November 15 last year. The Bar also requested a mandamus order to compel the prime minister to follow the law, established conventions, and the JAC Act 2009 when appointing a member to the JAC.

They further sought an order for Terrirudin to explain the basis of his appointment to the JAC. The first three respondents named by the Bar were Terrirudin, Anwar, and the government. The Bar was represented by lawyers Zainur Zakaria, Ambiga Sreenevasan, and Steven Thiru, while senior federal counsels Shamsul Bolhassan and Nurhafizza Azizan appeared for the attorney-general.