PUTRAJAYA (July 3): The Chief Judge of Malaya (CJM) Tan Sri Hasnah Mohamed Hashim will assume the responsibility and task of the chief justice (CJ) until the post has been filled.
In a statement, the Federal Court registrar's office said it had been directed that, in line with Article 131A of the Federal Constitution and Section 9(1)(b) and Section 9(3) of the Courts of Judicature Act (CJA), the CJM will have the power and do the job and function of the CJ until the post has been filled.
“The judiciary will continue its task as the guardian of justice, and would continue its service with full dedication for the people and country,” the statement said.
The statement did not state who would undertake the role and task of Court of Appeal (COA) president. It is understood that a statement will be issued on who would assume that role.
Article 131A stipulates that in the event of vacancy, the roles and responsibilities of the country’s top two judges (CJ and COA president) can be temporarily filled by a chief judge of the High Court.
Section 9(1) (b) of CJA meanwhile stipulates that in the event of vacancy or if the CJ is not able to perform his/her duty, the task or responsibility shall be held by the CJM, or the chief judge of Sabah and Sarawak.
Tun Tengku Maimun Tuan Mat retired as the 16th CJ, without a six-month extension, on July 1.
Meanwhile, COA president Tan Sri Abang Iskandar Abang Hashim retired on Wednesday (July 2), also without a six-month extension, leaving a vacuum for the top two posts.
Hasnah was appointed as CJM in November last year.
Her six-month extension was granted in March this year, as she reached the age of 66 in May, and is scheduled to compulsorily retire on Nov 14.
Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli is undergoing his six month-extension, which began in January this year, and his tenure is expected to end later this month (July).