Lawyer's summons challenging JAC Act for hearing on July 16
KUALA LUMPUR: The High Court here set July 16 to hear an originating summons filed by a lawyer against the Malaysian government and the Judicial Appointments Commission (JAC) to challenge the Judicial Appointments Commission Act 2009.
Judge Datuk Amarjeet Singh set the date during the case management today, which was attended by lawyer Shahrulazwad Ismail, representing Datuk Syed Amir Syakib Arsalan Syed Ibrahim, as well as senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Safiyyah Omar, representing the government and the JAC.
The judge also ordered both parties to file their respective affidavits-in-reply on April 29, while the written submissions are to be filed before or on July 8.
In addition, the court allowed the Bar Council to intervene, while the Human Rights Commission (Suhakam) was allowed to hold a watching brief in the case.
Syed Amir, who filed the suit on April 8 this year, is seeking a declaration that the JAC Act is unconstitutional, null and void as it contravenes Article 122B of the Federal Constitution.
He is also seeking a mandamus order to compel the Prime Minister and the Malaysian government to comply with the judicial appointment process set out under Article 122B of the Federal Constitution, and be free from any interference by the Commission.
Article 122B provides that the appointment of judges shall be made by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister after consulting the Conference of Rulers.
In addition, he is seeking an interim stay of any judicial appointments made according to the JAC Act 2009 pending the disposal of the application and further orders deemed fair, just and appropriate in the interests of justice.
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