Transmenu powered by JoomlArt.com - Mambo Joomla Professional Templates Club

• CJ: Judges must have 10 years' experience
• Badariah’s appointment declared valid
• Federal Court rules that Dr Badariah is qualified as JC
• Bar loses suit, Badariah's appointment as JC stays

10.54am: Nik Hashim FCJ says the constitution ought to be read liberally and not pedantically. He agrees with the Attorney General that so long as Badariah has been called to the Bar, that it would be sufficient. Therefore, requirement to have a practising certificate amounts to reading words into the Constitution. He also distinguished Rajasekaran's case. Badariah's appointment valid. Hence, 3-2 upholding her appointment. (Please click here to download the dissenting judgment of Chief Justice Datuk Abdul Hamid Mohamad)

10.40am: Azmel FCJ criticises the Bar, asking why the Bar did not object to Datuk Visu's appointment but now chose to object to Badariah's appointment. He said that is a precedent and it would be unfair for the Bar to object now holding that the court cannot sanction Bar's unconscionable conduct! Accusing the Bar of practising double standards, Azmel FCJ dismissed Bar's clam with costs. Zulkefli's judgment just starting. He agrees with CJ. So, 2-2 so far.

10.27am: Azmel FCJ and Hashim Yusoff FCJ say that Badariah's appointment is valid. Judgments of Zulkefli Makinuddin FCJ and Nik Hashim FCJ not read yet, but Hashim says he disagrees with Zulkefli.

10.11am: Hashim Yusoff FCJ's judgment now being read by Senior Assistant Registrar. His opening words say he differs from the Chief Justice.

PUTRAJAYA, Thurs - 10.10am: Federal Court has a split decision on Judicial Commissioner Badariah's appointment. Judgment of Chief Justice Datuk Abdul Hamid Mohamad read by Deputy Registrar. Holds appointment void. Stresses merely issues of land and she is otherwise academically very suitable. All her judgments and orders not nullity.

Comments (2)

Subscribe to this comment's feed

Following wrong precedents
written by Ng Hong Chai, December 28, 2007

Is one of the very learned judges suggesting that if a precedent has been wrongly set it must be followed blindly and all should hold his/her/their peace? Very stunning!

Ng Hong Chai

Are you referring to Azmel Maamor, Ng?
written by Alex Tan Ken Seng, December 28, 2007

Wasn't it not too long ago that Azmel FCJ was still in the High Court?

Alex Tan Ken Seng