Source: Terrirudin not on list given by CJ to PM for new Chief Judge of Malaya

A storm is brewing in legal and judicial circles over Anwar Ibrahim's plan to appoint Attorney-General Ahmad Terrirudin Salleh as a judge of the Federal Court and Chief Judge of Malaya, raising similar concerns that the Conference of Rulers expressed not long ago about the prime minister's powers to appoint senior judges.

MalaysiaNow can now reveal, based on reliable sources, that Terrirudin's name is not among those recommended by Chief Justice (CJ) Tengku Maimun Tuan Mat to Anwar to fill the position of Chief Judge of Malaya. 

The position has been vacant since Zabidin Diah retired on Feb 29. 

Tengku Maimun is understood to have recommended a list of names to Anwar, in accordance with Article 122B of the Federal Constitution, which states that the appointment of judges to top judicial positions other than that of chief justice shall be made in consultation with the CJ.

Article 122B also states that it is only after this process that the prime minister may advise the Yang di-Pertuan Agong, who in turn consults with the Conference of Rulers.

An official at the Prime Minister's Department declined to comment on the matter, saying only that the government was not obliged to accept the CJ's candidates.

This is a far cry from Anwar's own promise to stay out of the appointment of judges, just months after becoming PM.

"We see in the past few years, there have been changes and appointments in the judiciary, but I haven’t interfered with a single appointment. I follow the Judicial Appointments Commission’s process and then the CJ will forward (a name) and I will accept it," he was quoted as saying in an interview with RTM in January 2023.

The argument that the prime minister is not bound by the advice of the CJ does not go down well with senior judges, many of whom are still struggling to move on after a long history of government interference in the judiciary in recent decades.

"We had to learn the bitter lesson that whilst the independence of the judiciary can be destroyed in an instant, rebuilding and reestablishing its independence can take decades," warned a joint letter signed by past presidents of the Malaysian Bar recently.

"That is the crux of the current concern. There is a fear of renewed executive interference in the judiciary," said a judicial source privy to the matter, who spoke to MalaysiaNow on strict condition of anonymity.

"It is glaring that not a single name put forward by her was accepted. This defeats the constitutional requirement for consultations," the source added.

The plan to appoint Teriruddin as a Federal Court judge and then CJM has been criticised by the legal fraternity, including the former deputy minister in charge of law and institutional reforms, Ramkarpal Singh.

"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," said Ramkarpal, who was not reappointed to his post following the Cabinet reshuffle late last year.

Concerns of Malay rulers echoed

Just a week after Anwar was sworn in as prime minister, the Conference of Rulers had called for curtailing the prime minister's powers in the appointment of judges.

The Rulers made this clear when they proposed that the prime minister be stripped of the power to appoint five representatives to the Judicial Appointments Commission (JAC), a nine-member body that nominates candidates for appointment to the superior courts.

Four of the nine members of JAC are senior judges, while the remaining five are appointed by the prime minister.

"To ensure the independence of JAC in carrying out its responsibilities, I propose that the appointment of its five members should not be made by the prime minister.

"Instead it should be given to other institutions such as the Malaysian Bar Council, the Sabah Law Society, the Sarawak Bar Association and the Parliamentary Select Committee," Negeri Sembilan ruler Tuanku Muhriz Tuanku Munawir had said at the time.

A few months later, Anwar vowed to protect the independence of the judiciary.

"As prime minister, not only have I not encroached upon even a single inch of the sacred terrain of the judiciary, but I shall defend, at all costs,the independence of the judiciary," he said at the Asean Law Conference last year.

Restoring public confidence in the judiciary has been almost a permanent feature of Pakatan Harapan (PH) election manifestos throughout the decades.

In 2018, it pledged to ensure the appointment of judges based on merit and experience and to remove the prime minister's power to influence the appointment of judges.

"The appointment of the chief justice and the president of the Court of Appeal through the backdoor as practised by Umno and Barisan Nasional will be stopped immediately," said the PH manifesto ahead of the 14th general election.

A similar promise was made during the last general election.

"Harapan will continue to protect the integrity of Malaysia’s administration by limiting the power of the executive, ensuring the freedom of our judiciary, and reorganising the political structures of the country," the coalition said.