"The JAC merely recommends. The power of appointment lies with the Yang di-Pertuan Agong on the prime minister’s advice under [the law]. The alleged fear of bias from one of nine members of a body that decides nothing is remote, indirect, and speculative.” — High Court judge Norliza Othman.
KUALA LUMPUR (Oct 5): The Malaysian Bar has failed to get the green light to challenge former attorney general (AG) and sitting Federal Court judge Tan Sri Ahmad Terrirudin Mohd Salleh's appointment to the Judicial Appointments Commission (JAC).
In dismissing the Bar's leave (permission) application to commence a judicial review, High Court judge Norliza Othman on Monday said that Terrirudin's appointment satisfies the criterium in law, namely that an apex court judge must be appointed by the prime minister. She said that the law does not extend to other implied requirements, such as seniority or length of service, as contended by the Bar.
"[The law] is plain. It specifies the category of person: a Federal Court judge; and the appointing authority: the prime minister — and stops there. The applicant asserts both are satisfied, yet asks the court to read in implied requirements: seniority, length of service, prior High Court/Court of Appeal experience, freedom from unresolved allegations, consultation, and conformity with an asserted convention — none of which appear in the text.
"Our function is to interpret the words used, not to supply the words omitted," she said adding that case law is against the Bar in this case.
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. The JAC is a nine-member body responsible for recommending candidates for appointment to Malaysia's superior courts.
The ex-AG's appointment drew brickbats from many quarters, with many highlighting that his selection departed from established practice by bypassing a more senior judge and could undermine perceptions of judicial independence.
In the midst of this, the Bar filed the leave application on Feb 12, naming Prime Minister Datuk Seri Anwar Ibrahim, 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.
In her grounds of judgement, Norliza said that the Bar's argument that Terriruddin's appointment was irrational fails, as "nothing here is so deprived of logic or accepted moral standards that no sensible decision-maker could have reached it". She added that the Bar's argument that the decision contained illegality also failed.
She added that the Bar also lacked locus standi to bring the action as they were not adversely affected by the appointment.
"The JAC merely recommends," she said in her judgement, adding, "The power of appointment lies with the Yang di-Pertuan Agong on the prime minister's advice under [the law]. The alleged fear of bias from one of nine members of a body that decides nothing is remote, indirect, and speculative.”
She ordered cost of RM3,000 to be paid to the Attorney General's Chambers (AGC).
Former Bar presidents Zainur Zakaria, Steven Thiru and Datuk Ambiga Sreevenasan appeared for the Bar while senior federal counsel Datuk Shamsul Bolhassan led the team appearing for the AGC.