Malaysian Bar tells CJ, AG to quit

(MMO) – Tun Md Raus Sharif and Tan Sri Apandi Ali should both resign as Chief Justice and Attorney-General respectively given issues surrounding their continued service, said the president of the Malaysian Bar.

George Varughese noted that the constitutionality of Raus’ contract extension beyond the mandatory retirement age of 66 was already in question, while Apandi has been implicated by the prime minister over his handling of the 1Malaysia Development Bhd (1MDB) scandal.

Varughese added that while Apandi, Raus as well as Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin could be forced out according to existing laws, they should take the honourable path and relinquish their posts voluntarily.

“Given the recent political developments that have occurred in our country, the time has come for the Attorney-General, Chief Justice of the Federal Court of Malaysia, and President of the Court of Appeal to step down,” he said in a statement.

Apandi has been placed on garden leave after Tun Dr Mahathir Mohamad accused him of hiding wrongdoings related to 1MDB. The AG also cleared former PM Datuk Seri Najib Razak of any crime related to a RM2.6-billion deposit in his personal accounts.

Varughese said today that Apandi could be removed pursuant to Article 145(5) of the Federal Constitution, which states that the latter serves only at the Yang di-Pertuan Agong’s pleasure.

Based on Dr Mahathir’s remarks, the Bar president said it was clear Apandi does not enjoy the confidence of the prime minister.

“The statement issued by Tan Sri Apandi Ali that he would not resign as the Attorney-General because he was appointed by the Yang di-Pertuan Agong is misconceived in law and flawed in logic,” Varughese said.

As for Raus and Zulkefli, he argued that both could be referred to a tribunal under Article 125(3) of the Federal Constitution and suspended from office under Article 125(5).

The Malaysian Bar has filed a legal challenge against the extension of the two judges’ contracts.

Varughese also stressed that removing the CJ and the president of the Court of Appeal was dissimilar to the sacking of the then-Lord President Tun Salleh Abas and other senior judges in 1988, explaining that the country’s current top two judges were holding their positions in violation of the Constitution.