退休法官轰两大法官是违法委任,应马上辞职无需等到七月!

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希山慕丁认为,既然劳勿斯和朱基菲里的委任是违法的,就应该立即离职。 -Yusof Mat Isa摄-

(吉隆坡13日讯)退休上诉庭法官拿督斯里希山慕丁认为,联邦法院首席大法官敦劳勿斯及上诉庭主席丹斯里朱基菲里应即日呈辞,无需待至7月31日才离开。

他向《Malay Mail》表示,两人不应将其呈辞延迟至下个月才生效。

“我认为两人辞职是合适的决定,因此两人的任命本是违宪、违法和无效的。”

“不过,我认为他们无需等到7月31日,而是立即腾出其职位。”

他说,自两人受委以来,他们所作出的任何决定、每一项判决和选任,都属于违法和无效,所以两人应立即离开相关位置。

他表示,这也代表两人所有的决定,都有可能存在“合法性问题”,且需要联邦法院进行检讨。

“我预计他们作出的判决将会被挑战,而联邦法院也必须待有任何一方提出挑战,才能采取进一步行动。”

希山慕丁也说,劳勿斯和朱基菲里的呈辞是合适的,也可作为警示提醒司法机构不能违背联邦宪法。

“就让这件事成为所有法官的警示,即他们受委以维护宪法,所以任何时候他们都不能背叛和辜负这委托。”

联邦法院前法官拿督哥巴斯里南也认为,劳勿斯和朱基菲里应该立即离职。

“司法界、大众和首相都希望两人离职,生效日期订为7月31日,时间有点太长了。”

“两人的任命一直备受质疑,因此他们应马上离开。”

任期延长官司应继续审理

另外,律师蓝卡巴星也认为,劳勿斯和朱基菲里的呈辞,应该是“即日起生效”。

“两人在备受质疑的情况下,若还留任到7月31日,似乎不太合适。”

他说,目前是有合适的法官人选,来填补两人的位置。

“所以,两人没有理由继续留任,因还有其他更有能力的法官能取代他们。”

他也表示,两人的呈辞是属于一个“正面的进展”。

不过,他也指出,尽管两人已宣布辞职,但联邦法院理应继续审理,律师公会早前入禀法庭挑战两人任期合法性的官司,判定两人任期延长非法,以免日后再发生相同的事件。

“随着二人宣布辞职,联邦法院必须为(任期延长官司)判决尽快择定日期。”

前上诉庭法官拿督莫哈末阿里夫则认为,两人辞职是一件“值得尊敬的决定”。

“大马司法界应避免另一场不必要的危机。”

“若联邦法院给予的判决对他们不利,这将会使情况更糟糕。”

联邦法院首席主簿官办公室今日发表文告证实,劳勿斯与朱基菲里是在6月7日向国家元首递交辞职信,生效日期为7月31日。

去年7月,首相办公室宣布,政府将以“增设”法官方式,把已达强制退休年龄的劳勿斯与朱基菲里继续留在司法界服务。

Retired Court of Appeal judge Datuk Seri Mohd Hishamudin Yunus believes that the Tun Raus Sharif and Tan Sri Zulkefli Ahmad Makinudin should leave immediately. — Picture by Yusof Mat Isa

KUALA LUMPUR, June 13 — Tun Raus Sharif and Tan Sri Zulkefli Ahmad Makinudin should quit their positions as the country’s highest-ranking judges immediately and not wait until the end of next month, two former judges and a lawyer have said.

Retired Court of Appeal judge Datuk Seri Mohd Hishamudin Yunus believes that the duo should not delay the quitting of their posts as Chief Justice of Malaysia and President of Court of Appeal respectively.

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“I think it’s appropriate that they should resign because the appointments are unconstitutional, unlawful and invalid in the first place.

“And I think they should vacate the office immediately rather than wait for July 31,” he told Malay Mail when contacted today.

Mohd Hishamudin said that their decisions — including empanelling or the selection of judges for panels to decide on court cases — are in doubt due to their alleged unlawful appointments, adding that the immediate quitting of their positions would prevent “more of this invalidity being incurred.”

“Because since their appointments, any decision they make, every ruling and every empanelling is unlawful and invalid and a nullity. So it is imperative that they must vacate the offices immediately,” he said.

He said all the decisions that Raus and Zulkefli made since their contentious appointments are going to “cause legal problems” and will need to be reviewed by the Federal Court.

“I think it is appropriate for the Federal Court to wait for the decision to be challenged by the parties and I anticipate that the decisions that they’ve made are likely going to be challenged,” he said.

Datuk Seri Gopal Sri Ram, a retired Federal Court judge, also said both Raus and Zulkefli should leave their positions immediately.

“31 July is too long considering the fact that the legal profession, the public and the PM (not necessarily in that order) want them to go.

“Given that their appointments are under a cloud, they should go at once,” he told Malay Mail when contacted today.

Lawyer Ramkarpal Singh also said that Raus and Zulkefli’s resignations “ought to be with immediate effect”, as it resulted from the controversy surrounding their appointments.

“Furthermore, it is not proper for the CJ and PCA to remain in their respective positions until 31.7.2018 if there is doubt as to the validity of their appointments,” he said in a statement today.

Ramkarpal, who is also DAP’s Bukit Gelugor MP, said that there are judges available to fill up their positions if the duo vacate their posts immediately.

“As such, there is absolutely no reason for such resignations to be delayed as there are other judges who are perfectly capable of immediately being appointed CJ and PCA respectively.

“In the circumstances, the said resignations ought to take effect immediately to pave the way for the legitimate appointment of a new CJ and PCA,” he said.

Earlier today, the Chief Registrar’s Office said both Raus and Zulkefli had met with Prime Minister Tun Dr Mahathir Mohamad to notify him of their intention to resign at a “reasonable date to enable all judicial matters to be resolved”.

Their resignation letters were sent on June 7 to the Yang di-Pertuan Agong, who granted royal assent on June 8 and with the royal assent notified through a June 11 letter from the palace.

The Chief Registrar’s Office said their resignations will take effect on July 31.

Both Raus and Zulkefli had held their positions as Chief Justice and President of the Court of Appeal since April 1, 2017, with their term for these positions controversially extended past their constitutional retirement age under the Najib administration.

Under the July 7, 2017 announcement by the Prime Minister’s Office then under Datuk Seri Najib Razak, Raus’s three-year extended term would have been due to end on August 4, 2020, while Zulkefli’s two-year extended term would have been due to end September 28, 2019.