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Chief Justice Ahmad Fairuz Abdul Halim's tenure is due to expire at the end of the month and speculations have arisen on whether or not his tenure will be extended.

Various quarters not only feel that his tenure should not be extended, but they are also of the view that Minister in the Prime Minister's Department Nazri Abdul Aziz's statement yesterday in the New Straits Times that the king has to act on the PM's advice on extending the tenure was not accurate.

Malaysian Bar Council president Ambiga Sreenevasan, in a press statement, said that this is the first time such an issue in relation to extension sought under Article 125 has arisen.

She said that the Article provides that the extension of a judge of the Federal Court may be given "as the Yang di-Pertuan Agong may approve".

"The argument appears to be that this nevertheless requires the king to act on the advice of the PM in accordance with the scheme under the Constitution in relation to the appointments and promotions of judges under Article 122B," said Ambiga.

"If that be the case, it would also require consultation with the Conference of Rulers to provide the necessary checks and balances and to preserve the core value of the independence of the Judiciary from the Executive," she said.

Whatever the interpretation, she added, the king is not precluded from proffering a view nor from asking for information.

Ahmad Fairuz came under attack from various quarters following the release of an eight-minute video clip showing senior lawyer VK Lingam in a phone conversation, allegedly with the CJ.

Although Ahmad Fairuz has denied his involvement, the opposition and Bar Council have pressed for a royal commission of inquiry into the issue.

Expiring this month

Ahmad Fairuz, whose tenure will expire at the end of the month has applied to the king in July for a six-month extension. However, he has not received an official letter to allow him to remain in office.

Ambiga was also of the view that in the circumstances where there is a hint of a scandal that cannot be dismissed as frivolous involving an institution of higher value, it is necessary to take steps that would best serve the public interest.

"In this case, it clearly invites a withdrawal, or failing this, a refusal of the application for extension," she said.

Meanwhile, Bukit Gelugor MP Karpal Singh said that Nazri has appeared to take on the role of a "loose cannon when making public statements."

Explaining the provisions of Article 125 of the Federal Constitution, he said: "A judge of the Federal Court shall hold office until he attains the age of 66 or such later time, not being later than six months after he attained that age, as the king may approve."

"What is important is to consider the effect of the phrase 'as the king may approve'," he said.

Will upset Malaysians

Aliran president P Ramakrishnan, on the other hand advised Nazri not to confuse the public with his interpretation of the Federal Constitution.

"The Constitution states that the PM does not simply pluck out a name for consideration out of thin air when it comes to tendering his advice as to the appointment of a judge," he said, adding that Nazri appeared to have conveniently forgotten that in the appointment and promotion of judicial officers, the king is required to act after consulting the Conference of Rulers.

He also appealed to the king to reject Ahmad Fairuz's application for his contract extension. He was of the view that the extension will upset and disappoint Malaysians terribly.

"By now it is very clear that it is the collective view of all thinking Malaysians that Ahmad Fairuz does not deserve to be in office even a minute longer. He must go, and must go in the soonest time frame that is possible."

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