Malaysian High Court dismisses Bar's challenge to Federal Court judge's JAC appointment

High Court judge Norliza Othman dismissed the Malaysian Bar's application for leave to seek judicial review of the appointment of Tan Sri Ahmad Terrirudin Mohd Salleh to the Judicial Appointments Commission. She held that Section 5(1)(e) of the JAC Act plainly mandates only that the appointee be a serving Federal Court judge selected by the Prime Minister, and both conditions were met. The court refused to read additional, non-statutory requirements—such as seniority, prior court experience, or freedom from unresolved allegations—into the law.

Claims that the appointment violated legal or rational standards were rejected, with the judge noting no evidence of irrationality. The Bar's standing was denied, citing the Attorney-General's view that the Bar was not directly affected by the commission's recommendation. The decision underscores that any reform must come from Parliament, not the judiciary.