Sitting of Ayer Molek Federal Court Panel unconstitutional
Monday, 28 August 1995 12:00am
The Bar Council notes on a closer study of the Federal Constitution that the panel of the Federal Court that heard the Ayer Molek case on 1st August 1995 and delivered its grounds of judgment on 12th August 1995 was not composed in accordance with Article 122 (2) of the Federal Constitution (as amended in June 1994) on the ground that one of its members, Justice P.S. Gill, being a Judge of the High Court of Malaya, was not qualified to sit on the Federal Court.
In consequence, that sitting was unconstitutional. It follows that the Federal Court decision in that case was a nullity. Accordingly, the Federal Court has to reconvene in a differently constituted panel and reconsider the application filed by Insas Berhad and Megapolitan Nominees Sdn Bhd to it.
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