It is most regrettable that the Federal Court declined to rule on the constitutionality of the appointments of former Chief Justice (CJ) and President of the Court of Appeal (PCA), Md Raus Sharif and Zulkefli Ahmed Makinudin.
Justice Zainun Ali, in her written judgment, said that the matter had become academic and as such, there was no reason to make a ruling on the same.
With the greatest of respect, the matter is far from academic for at least three reasons.
Firstly, a judicial pronouncement on the constitutionality of the duo’s appointment would certainly have an effect on the matters they presided on during their extended time as CJ and PCA.
In the event the said appointments are found to have been unconstitutional, the validity of such matters would be subject to review as there would have been a corum failure in those matters as one of the judges hearing them (or two of the judges, if both Raus and Zulkefli heard the said matter) would not have been a lawfully appointed judge at the time the said matters were heard.
Secondly, a definitive ruling on the matter would have provided guidance from the highest court in the land as to whether such appointments were valid or not so as to avoid the same from reoccurring in the future in the event they were found to have been invalid.
Thirdly and perhaps most importantly, the Federal Court missed this golden opportunity to once and for all clear both Raus and Zulkefli with a firm ruling that their appointments were indeed valid, thereby dismissing any suggestion that their said appointments were in doubt.
Such doubt, which will forever linger in the minds of the people, is certainly something which will always affect the good image of the judiciary.