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©The Sun (Used by permission)
by S. Tamarai Chelvi

KUALA LUMPUR: The High Court will decide on Friday if the Malaysian Bar’s case against the appointment of a former law lecturer as a judicial commissioner should be moved to the Federal Court.

Judge Datuk Wan Afrah Wan Ibrahim fixed the date after hearing submissions by the Malaysian Bar’s lawyers, Robert Lazar and Mark Lau, and senior federal counsel Azizah Nawawi in chambers yesterday.

In its originating summons, the Malaysian Bar is seeking to declare the appointment of Dr Badariah Sahamid as null and void on the grounds that her appointment contravened Article 122AB, read together with Article 123, of the Federal Constitution.

Article 122AB relates to the appointment of judicial commissioners, while Article 123 spells out the qualifications for such appointments to be made.

Among others, Article 123 states that a citizen qualifies to be appointed if for 10 years preceding the appointment, the person had been an advocate of the courts or a member of the judicial and legal service of the Federation or both.

In a supporting affidavit, Bar Council president Ambiga Sreenevasan said the council believed Badariah’s appointment had infringed the Constitution because she had not been in practice for 10 years preceding her appointment.

The government had applied to the High Court to refer the matter to the Federal Court on the grounds that it involved the interpretation of the Federal Constitution.

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