THE Attorney General has maintained that the appointment of Federal Court Judge Tan Sri Ahmad Terrirudin Mohd Salleh to the Judicial Appointments Commission (JAC) fully complies with the governing law, insisting that the Malaysian Bar has failed to demonstrate any breach of the JAC Act in its legal challenge.
Senior Federal Counsel Shamsul Bolhassan, representing the Attorney General, told the High Court that Ahmad Terrirudin met all statutory requirements for appointment and that his inclusion in the commission was lawful under Section 5(1)(e) of the JAC Act 2009.
“The JAC only plays a role in making recommendations and does not appoint judges. Judicial appointments remain under the constitutional authority of the Yang di-Pertuan Agong, acting on the advice of the Prime Minister,” Malay Malil quoted him saying.
He further submitted that Section 5(1)(e) provides only two conditions for membership, namely that the appointee must be a Federal Court judge and that the appointment must be made by the Prime Minister, both of which were satisfied in this case.
Shamsul argued that Ahmad Terrirudin, as a member of the commission, is one among several members and does not possess unilateral authority over judicial appointments.
The submissions were made in response to the Malaysian Bar’s application for leave for judicial review challenging the legality of Ahmad Terrirudin’s appointment to the JAC.
Through its application, the Bar is seeking a certiorari order from the High Court to quash the Prime Minister’s decision to appoint Ahmad Terrirudin to the commission.
It is also seeking a mandamus order compelling the Prime Minister to exercise his prerogative in appointing JAC members in accordance with Malaysian law, established conventions and the provisions of the JAC Act.
In addition, the Bar is requesting a further mandamus order for the establishment of a royal commission of inquiry to investigate allegations against Ahmad Terrirudin, with its findings made public.
The application also seeks a declaration that the appointment is unlawful, null and void, as well as a stay of the appointment pending the outcome of the judicial review.
Besides Ahmad Terrirudin, the Malaysian Bar has named Prime Minister Datuk Seri Anwar Ibrahim, the JAC and the government as respondents in the case.
Court records show that on November 18, 2025, the Federal Government gazette announced Ahmad Terrirudin’s appointment to the JAC for a two-year term from November 15, 2025 to November 14, 2027.
Representing the Malaysian Bar, lawyer Seven Thiru argued that the case raises fundamental questions about the composition and statutory powers of the JAC, warranting judicial scrutiny.
“There is a prima facie case that warrants consideration by this court. We therefore request leave for the judicial review application to be heard,” he said.
After hearing submissions from both parties, High Court judge Norliza Othman set October 5 for a decision on whether leave for judicial review will be granted. - June 9, 2026
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