Draft:2025 Malaysian judicial appointment controversy

The 2025 Malaysian judicial appointment controversy is an ongoing controversy surrounding the appointment of a new Chief Justice of Malaysia and President of the Court of Appeal following the mandatory retirement of Tengku Maimun Tuan Mat and Abang Iskandar Abang Hashim respectively in early July 2025.

The controversy also centres around a leaked meeting minute of the Judicial Appointments Commission (JAC), which alleged that Ahmad Terrirudin Mohd Salleh, former Attorney General of Malaysia and a sitting Federal Court judge since November 2024, had interfered in judicial matters and lacks qualification to be appointed as the Chief Judge of the High Court in Malaya.

The JAC is a commission established in 2009 under the Judicial Appointments Commission Act [Act 695] to select, assess and recommend potential candidates that will be appointed as a judge to the High Court, Court of Appeal or the Federal Court, following the VK Lingam tape scandal in 2007. However, JAC's recommendations are not legally binding on the prime minister or the King, who have the final say on judicial appointments.

Background

Terrirudin's rise to federal judge

As early as June 2024, rumours of attorney general Ahmad Terrirudin Mohd Salleh will be appointed to the post of Federal Court judge and eventually the Chief Judge of Malaya began circulating. Several lawyers and one government backbencher, Ramkarpal Singh, have expressed concerns over Terrirudin's possible appointment as Chief Judge of Malaya, despite there are federal judges who are more senior and more qualifying than Terrirudin.

On 1 August 2024, MalaysiaNow reported that, according to its "reliable sources", Terrirudin was not among those recommended by chief justice Tengku Maimun to prime minister Anwar Ibrahim to be appointed as Chief Judge of Malaya.

On 12 November 2024, however, Terrirudin was appointed as a Federal Court judge, while Hasnah Mohammed Hashim was appointed to the post of Chief Judge of Malaya instead.

Tengku Maimun's speech in Malta

On 4 April 2025, Tengku Maimun as the sitting Chief Justice of Malaysia, attended the 24th Commonwealth Law Conference held in Malta and delivered a speech titled "Judicial Independence and Parliamentary Sovereignty - A Colossi of Roads?". In the speech, she outlined the history of judicial independence in Malaysia and how the 1988 constitutional crisis has affected public confidence towards Malaysia's judiciary. She also emphasised that neither the legislature or judiciary is supreme as only the constitution reign supreme in Malaysia, and it is the judiciary's duty to upheld the constitution. At one point of her speech, she advocated for the removal of prime minister's involvement in judges' appointment so that the appointment process will be free from perception of political influence.

One politician, Nazri Aziz, would later claimed this speech caused her to not be given a 6-month extension on her Chief Justice position when she reached her mandatory retirement age on 2 July 2025.

JAC meeting (May 2025)

On 13 June 2025, MalaysiaNow reported that Terrirudin Salleh is one of two candidates being considered for appointment as the new Chief Judge of Malaya in a JAC meeting. Another candidate that is being considered is Vazeer Alam Mydin Meera, who has been serving as a judge in various courts in 2010 and has written over 30 pieces grounds of judgement. Sources told the news portal that Vazeer Alam is most likely to be selected by the JAC as his seniority and experience superseded that of Terrirudin, who has only produced one written judgement so far.

On 24 June 2025, a police report allegedly made by a subordinate of an unnamed senior judge was leaked through WhatsApp. The police report was made after the said judge was contacted by MalaysiaKini on 12 June for his comment over certain allegations levelled against him during "an important meeting". Two MalaysiaKini journalists were later questioned by the police.

On the same day, Free Malaysia Today reported that according to its source and the leaked police report, the senior judge was said to have been summoned for questioning before a JAC meeting held on 16 May over allegations of interference in judicial appointments, which resulted in a heated discussion and a split within the JAC. CNA later confirmed the senior judge in question is Terrirudin Salleh.

Judicial vacancies

On 2 July 2025, Tengku Maimun officially retired from the post of Chief Justice of Malaysia as she reached her mandatory retirement age of 66 and was not granted a six months extension. Abang Iskandar Abang Hashim also similarly retired from the post of President of the Court of Appeal a day later with no extension of tenure given. Abdul Rahman Sebli who is holding the position of Chief Judge of Sabah and Sarawak is also set to retire on 25 July, after his six-month extension expires.

On 3 July, Chief Judge of Malaya Hasnah Mohammed Hashim assumed the position of chief justice in acting capacity, while federal judge Zabariah Mohd Yusof was appointed as the acting president of the Court of Appeal. However, both Hasnah and Zabariah are also set to retire on 15 November and 10 October this year respectively, after their six-month extension ends.

Several other Federal Court judges are set to retire in the upcoming months as well. Nallini Pathmanathan, who was not offered a six-month extension, will retire on 22 August; while Hanipah Farikullah will retire on 22 November after her six-month extension lapses.

According to former economy minister and PKR member Rafizi Ramli, if no new judges were appointed to fill the vacancies, the retirement of the seven aforementioned judges will result in more than half of the Federal Court bench left vacant by the end of 2025. Other than than that, as of 14 July 2025, there are over 30 benches remained vacant in the superior courts, 24 of which are in the High Court, 3 in the Court of Appeal, and 2 in the Federal Court.

Criticism

Critics consisting of lawyers and politicians have condemned the government, particularly prime minister Anwar Ibrahim, for not granting an extension to the two top judges, despite concerns have been raised over the upcoming vacancies weeks prior to their retirement.

Among the concerns raised are disruption in ongoing high-profile cases and loss of public confidence in judicial independence. Malaysian Bar president Ezri Abdul Wahab has described the government's silence and indecision as "indefensible", while Rafizi Ramli implied there may be plan to bypass the existing seniority hierarchy of the judges and appoint Terrirudin Salleh to the top judicial position. Kuala Lumpur Bar also estimated there are approximately 20% judicial vacancy in Kuala Lumpur High Court alone, which have resulted in cases being stalled or have some of the trials being pushed into 2027 and beyond.

In response, Anwar Ibrahim on 30 June stated that he never interfere the judiciary and the issues has been politicised. He reiterated that there are constitutional procedures that must be followed when appointing a judge to the superior court.

JAC meeting minute leak

On 12 July, an incomplete document alleged to be the minute of a JAC meeting held on 16 May 2025 was leaked on Reddit. In the meeting, the JAC was purportedly deliberating on the candidates to be recommended to prime minister Anwar Ibrahim for him to appoint a new Chief Judge of the High Court in Malaya.

Tengku Maimun, as the chairman of the commission, suggested Vazeer Alam Mydin Meera to be the candidate; while Hasnah Mohammed Hashim, the incumbent Chief Judge of Malaya, suggested Ahmad Terrirudin Mohd Salleh as the candidate.

Tengku Maimun subsequently questioned Terrirudin's qualification, citing his low number of written judgement as one of the reasons. She also alleged that the former attorney general had interfered in judicial appointments without following established law, such as preparing a speech note for prime minister Anwar Ibrahim to advise the King to appoint Zabariah Mohd Yusof as the Chief Judge of Malaya, without going through the JAC. She also claimed that Terrirudin had failed to advise Anwar to consult with the Chief Justice of Malaysia and two Chief Judges of the High Courts in advance, before Anwar tenders his advice to the King, as required by Article 122B of the Constitution.

She also accused Terrirudin had requested her to rule in favour of certain party in a court case, and also asked for a High Court judge be removed from a case whom the former attorney general is displeased with.

Terrirudin was then called to testify before the meeting, in which he confirmed he had indeed prepared a speech note for Anwar to suggest Zabariah as the new Chief Judge of Malaya. However, for the rest of the allegations, he claimed that he no longer remember the said incidents. He left the JAC meeting after his testimony.

A secret ballot vote was held to pick the candidate, which resulted in a 4-4 tie. The leak then ends at a paragraph about whether Tengku Maimun has the power of a casting vote as the chairman of the commission to break the tie under Section 24 of the Judicial Appointments Commission Act 2009. The remaining part of the document was not revealed in the leak.

Reactions to the leak

Following the leak, many lawyers and politicians expressed concerns and called for investigation into the validity of the leaked document.

Filling of vacancies

JAC meeting (July 2025)

After the positions of chief justice and the president of Court of Appeal fell vacant, Hasnah Mohammed Hashim as the acting chief justice called for an emergency JAC meeting on 4 July. However, the validity of the meeting was brought into question, as a 10 days prior notice must be given before a JAC meeting is held, as stipulated under Section 13(2) of the JAC Act 2009.

Meeting of the Conference of Rulers

Between 15 to 17 July 2025, a three-day meeting of the Conference of Rulers was held. Judicial appointments was dicussed among other topics.

Appointments and swearing in

On the early morning of 18 July, in a twist of event, the chief registrar of the Federal Court announced the King has consented to the appointment of Wan Ahmad Farid Wan Salleh as the new Chief Justice of Malaysia, while Abu Bakar Jais will also be appointed as the new President of the Court of Appeal. Azizah Nawawi will also take over the post of Chief Judge of Sabah and Sarawak once the incumbent Abdul Rahman Sebli retires on 25 July. Terrirudin was not elevated to any higher post as previously speculated.

The swearing in ceremony is set to be held at Istana Negara on 28 July 2025.

A day later, Anwar also revealed that the appointment of 20 new High Court judges was consented to by the King and the Conference of Rulers on the 18 July meeting, and they will sworn in alongside with the three top judges on the 28 July swearing in ceremony. Anwar claimed that the appointment of the new judges showed that he did not interfere in judicial appointment and the result have clear his name.

Reactions

Protest

On 14 July, a protest and a march organised by the Malaysian Bar Council was held in Putrajaya to call for the safegarding of judicial independence in Malaysia and the establishment of a royal commission of inquiry to investigate possible judicial interference. According to the Malaysian Bar, the event saw some 1,600 participants marched from the Palace of Justice to the Perdana Putra complex, where the organisers then handed over a memorandum containing several demands to the Prime Minister's Office.

Police investigation

Following the leak of the JAC meeting minute on 12 July, Malaysian police launched an investigation under .... Penal Code, ....

MalaysiaKini probed.....

Government MPs briefing

Pakatan Harapan (PH) MPs brief by prime minister Anwar Ibrahim... PH MPs were told.... Some PH MPs also urged...