AG: No legal breach in Ahmad Terrirudin’s Judicial Appointments Commission role

KUALA LUMPUR, June 9 — The Attorney General has maintained that the Malaysian Bar has failed to establish any breach of the Judicial Appointments Commission (JAC) Act in relation to the appointment of Federal Court Judge Tan Sri Ahmad Terrirudin Mohd Salleh as a member of the commission.

Senior Federal Counsel Shamsul Bolhassan, representing the Attorney General, submitted that the first respondent, Ahmad Terrirudin, met the requirements to be appointed to the JAC, and that this fact was not disputed, according to a report published in Berita Harian today.

He said Section 5(1)(e) of the JAC Act sets out only two conditions for JAC membership — that the individual must be a Federal Court judge, and that the appointment must be made by the Prime Minister.

Shamsul said Ahmad Terrirudin, as a member of the commission, was only one of several members and could not unilaterally influence judicial appointments.

“The JAC only plays a role in making recommendations and does not appoint judges. Judicial appointments remain under the constitutional authority of the Yang di-Pertuan Agong, acting on the advice of the Prime Minister,” he said.

He was submitting arguments in opposition to the Malaysian Bar’s application for leave for judicial review challenging Ahmad Terrirudin’s appointment to the JAC.

Through the application, the Bar is seeking a certiorari order from the High Court to quash the Prime Minister’s decision to appoint Ahmad Terrirudin to the commission.

It is also seeking a mandamus order to compel the Prime Minister to exercise his prerogative in appointing JAC members in accordance with Malaysian law, established conventions and the JAC Act.

The Bar further seeks a mandamus order for the establishment of a royal commission of inquiry to investigate allegations against Ahmad Terrirudin, with its findings to be made public.

In addition, it is asking the High Court to declare the appointment unlawful, null and void, and to stay the appointment pending the outcome of the judicial review.

Apart from Ahmad Terrirudin, the Malaysian Bar named Prime Minister Datuk Seri Anwar Ibrahim, the JAC and the government as respondents.

On November 18, 2025, a Federal Government gazette stated that the Prime Minister had appointed Ahmad Terrirudin as a JAC member for a two-year term, from November 15, 2025 to November 14, 2027.

Meanwhile, lawyer Seven Thiru, representing the Malaysian Bar, argued that the challenge concerns the composition of the JAC, which relates to the exercise of statutory powers.

“There is a prima facie case that warrants consideration by this court. We therefore request leave for the judicial review application to be heard,” he said.

After hearing submissions from both sides, High Court judge Norliza Othman set October 5 for decision.