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THE Malaysian Bar has filed a discovery application at the High Court, seeking access to meeting minutes of the Judicial Appointments Commission (JAC) from 1 January 2023, amid a constitutional challenge alleging executive interference in the judicial selection process.
The Bar, represented by former Bar president Christopher Leong, submitted the application on 7 July in connection with a separate suit brought in April by lawyer Datuk Syed Amir Syakib Arsalan Syed Ibrahim.
The suit questions the constitutional validity of the JAC’s existence and operations, particularly regarding its independence.
Justice Datuk Amarjeet Singh Serjit Singh has set 11 September to hear the Bar’s application, following arguments that it should be decided before the court considers whether to refer constitutional questions in Syed Amir Syakib’s case to the Federal Court.
“The Bar is seeking the minutes from 2023 if that is the case. Hence, our discovery application should be heard first,” said Leong, stressing the need to resolve factual disputes, especially in light of claims that the JAC was improperly influenced by the executive.
In response, lawyers Simrenjeet Singh and Danial Annamalai, acting for Syed Amir Syakib, argued that the constitutional referral should take precedence. Simrenjeet contended that his client had been directly affected by the JAC process, having applied to be a judicial commissioner (JC).
“Our argument is that the JAC's existence has provided another layer where he has to sit for a test and interview before consideration to become a JC. Prior to this, it was only the prime minister’s discretion to appoint judges of senior position,” he was quoted as saying by The Edge.
Nonetheless, the court agreed to prioritise the Bar Council’s discovery application, and set 11 September for the hearing, alongside case management for the constitutional referral.
Senior federal counsel Ahmad Hanir Hambaly @ Arwi informed the court that the Attorney General’s Chambers would oppose the discovery application and submit affidavits accordingly. Simrenjeet also noted he would seek further instructions from his client regarding the Bar’s motion.
Bar president Mohd Ezri Abdul Wahab previously called for greater transparency in judicial appointments and confirmed the Bar’s intention to pursue access to the JAC minutes.
Syed Amir Syakib has submitted 16 legal questions to the High Court, seeking referral to the Federal Court under Section 84 of the Courts of Judicature Act 1964.
The questions concern whether the JAC, established in 2009, has unconstitutionally supplanted the executive’s role in the judicial appointments process. - July 16, 2025