KUALA LUMPUR (June 9): The Attorney General's Chambers (AGC) told the High Court here on Tuesday that Federal Court judge Tan Sri Ahmad Terrirudin Mohd Salleh's appointment to the Judicial Appointments Commission (JAC) complied with the law, arguing that the Malaysian Bar had failed to show any breach of the JAC Act.
Senior federal counsel Shamsul Bolhassan, representing AG Tan Sri Mohd Dusuki Mokhtar, said Section 5(1)(e) of the JAC Act required only that an appointee be a Federal Court judge and be appointed by the prime minister.
"Those requirements were fulfilled by Terrirudin," Shamsul said during submissions in a judicial review application brought by the Malaysian Bar.
He said the Malaysian Bar was attempting to impose additional criteria, including seniority, length of service, prior judicial experience, the absence of allegations, public consultation and adherence to convention, that were not provided for under the JAC Act or any other written law.
Shamsul also argued that Terrirudin, as one member of a multi-member commission, could not unilaterally influence judicial appointments.
"The JAC's role is only to make recommendations and not to appoint judges. The appointment of judges remains under the constitutional authority of the Yang di-Pertuan Agong, acting on the advice of the prime minister," he said.
The Malaysian Bar is seeking leave to commence judicial review proceedings challenging Prime Minister Datuk Seri Anwar Ibrahim's decision to appoint Terrirudin to the JAC on Nov 15, 2025. The appointment was gazetted on Nov 18.
Counsel Steven Thiru, appearing for the Malaysian Bar, said the case concerned the composition of the JAC and involved the exercise of statutory powers.
"There is a prima facie case and warrants consideration by this court," he said, urging the court to grant leave for the judicial review to proceed.
Lawyer Datuk Ambiga Sreenevasan, also representing the Bar, said issues raised by the AGC itself, including references to leaked JAC meeting minutes, media reports, public statements, a police report and unresolved allegations against Terrirudin, demonstrated matters that warranted judicial scrutiny.
Judge Norliza Othman fixed Oct 5 to deliver her decision on the leave application.
The Bar's application, filed on Feb 12, names Anwar, the JAC and the Malaysian government as respondents.
Among the reliefs sought, the Bar is asking the court to quash Terrirudin's appointment, prohibit his appointment to any judicial office pending disposal of the proceedings, and compel the disclosure of minutes from a JAC meeting held on May 16, 2025.
The JAC is a nine-member body responsible for recommending candidates for appointment to Malaysia's superior courts.
Terrirudin's appointment has drawn criticism from some quarters, with opponents arguing it departed from established practice by bypassing a more senior judge and could undermine perceptions of judicial independence.
According to a government gazette, Terrirudin, who was appointed a Federal Court judge in November 2025, is serving a two-year term on the JAC, from Nov 15, 2025 to Nov 14, 2027.