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PUTRAJAYA (Dec 27, 2007): The Federal Court today ruled that law lecturer Dr Badariah Sahamid's appointment as a judicial commissionser (JC) is valid, despite not being in legal practice for more than 10 years.

The 3-2 majority decision also saw Chief Justice Datuk Abdul Hamid Mohamad giving a dissenting judgment. The other was Federal Court Judge Datuk Zulkefli Ahmad Makinudin.

The three who ruled in favour of the appointment were Federal Court judges Datuk Nik Hashim Nik Ab Rahman, Datuk Hashim Yusoff and Datuk Azmel Maamor.

The five judgments were read out by the three deputy registrars of the court.

In dismissing the suit by the Malaysian Bar challenging the appointment of Badariah as a JC, Hashim held that as a law lecturer in Universiti Malaya, Badariah had wide experience in law and there was no valid reason that she should be deprived of the appointment.

Azmel said Badariah was a qualified person to be appointed a JC.

Nik Hashim said Badariah had the minimum qualification in the judicial services as she was a law lecturer and was teaching law to Universiti Malaya students.

In a dissenting decision, Abdul Hamid said Badariah, who was appointed as a JC on March 1, was required to be a practising lawyer for 10 years before she could be appointed as a JC, and Zulkefli concurred.

In the suit, the Malaysian Bar wanted Badariah's appointment to be declared null and void and of no effect on the grounds that the appointment contravened Articles 122AB and 123 of the Federal Constitution, which require a person to be a practising lawyer for 10 years before he or she could be appointed as a JC.

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