Appointing Terrirudin as Chief Judge of Malaya a ‘step backward’, says Ramkarpal

“Such precedents ought to be abandoned as they give rise to the perception of government interference in the appointment of senior judges since such appointments are ultimately made on the advice of the prime minister under Article 122B of the Federal Constitution”

(FMT) – Appointing Attorney-General (AG) Ahmad Terrirudin Salleh as a Federal Court judge before naming him Chief Judge of Malaya (CJM) later would be a “step backward” by the government, says a DAP lawmaker.

Bukit Gelugor MP Ramkarpal Singh said despite Terrirudin’s competence and the set precedent for the appointment of a former AG as a Federal Court judge, it was a great concern that an “outsider” could be considered for a senior judicial post ahead of judges who are more qualified.

The former deputy law and institutional reform minister was responding to reports that Terrirudin may be appointed a Federal Court judge and eventually be made CJM, the third highest post in the judicial hierarchy.

“Public confidence in the judiciary has been considerably restored of late, with many Federal Court judgments being praised as reflecting the judiciary’s independence.

Appointing an outsider to one of the country’s most senior judicial posts would certainly be a step backward and would reflect poorly on the government’s commitment to judicial reforms,” Ramkarpal said in a statement.

It cannot be over-emphasised that there are qualified candidates from among current serving Federal Court judges to fill the post of CJM and it is understood that recommendations have been made by the Judicial Appointments Committee, which is chaired by the Chief Justice (Tengku Maimun Tuan Mat), from that line-up.

Ramkarpal added that despite precedents from previous governments, the question arises as to whether this government should follow them considering its commitment to judicial reforms.

“Such precedents ought to be abandoned as they give rise to the perception of government interference in the appointment of senior judges since such appointments are ultimately made on the advice of the prime minister under Article 122B of the Federal Constitution,” he said.

Last Tuesday, a source was reported to have said that Terrirudin’s name was submitted by the Prime Minister’s Office for endorsement by the Conference of Rulers at its meeting next week.

He is likely to be appointed a Federal Court judge first and CJM by the end of September in accordance with constitutional requirements, the source told FMT.

Another possibility is for Terrirudin, 56, to be made a judge of the apex court, with the post of CJM left vacant for the time being. The reason for such a move is unclear, the source said, although the possibility of it happening is remote.

Court of Appeal president Abang Iskandar Abang Hashim presently performs the duties and functions of the CJM on an interim basis.