KUALA LUMPUR (June 13): The Malaysian Bar is glad to note the resignations of Chief Justice Tun Raus Sharif and president of the Court of Appeal (PCA) Tan Sri Zulkefli Ahmad Makinudin.
Malaysian Bar president George Varughese in a statement issued here tonight said their resignations could be taken as a concession that their appointments as CJ and PCA were in breach of the Federal Constitution.
“However, as Raus (the then-CJ) and Zulkefli (the then-PCA) were first appointed as additional judges of the Federal Court, and thereafter to continue as CJ and PCA, respectively, this begs the question whether they have also resigned as additional judges.
“The Malaysian Bar has at all times taken the position that the appointments — as additional judges, and to continue to hold the positions of CJ and PCA — were blatantly unconstitutional.
“It is for this reason that we had at the outset called upon Raus and Zulkefli to decline the appointments as additional judges, and to continue to hold the positions of CJ and PCA, and consequently filed a legal action seeking declarations that the said appointments are unconstitutional and void,” he added.
According to a statement released today by the Office of the Chief Registrar of the Federal Court, Raus and Zulkefli tendered their resignations to the Yang di-Pertuan Agung on June 7 with the resignations taking effect on July 31.