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In a 3-2 majority decision, Federal Court ruled that former law dean Dr Badariah Sahamid's appointment as a judicial commissioner (JC) is valid.

Justice Abdul Hamid bin Haji Mohamad, the Chief Judge (CJ), gave the dissenting judgment.

The CJ holds the opinion that Dr Badariah does not qualify as a JC as she has not practised law in 10 years.

Other presiding federal court judges include Haji Hashim bin Haji Yusoff, Azmel bin Haji Maamor, Nik Hashim bin Nik Ab. Rahman and Zulkefli bin Ahmad Makinudin.

At the time I blogged this entry, it was not made known who the other dissenting judge was, though Little Birds told me Justice Zulkefli was the one.

Earlier, the Bar Council had applied to declare Dr Badariah's appointment as JC null and void as it is ultra vires to Articles 112AB and 123 of the Federal Constitution.

September 26, legal fraternity in Malaysia submitted a memorandum urging the establishment of a judicial appointments commission for the appointment and promotion of judges. Hitherto, it remains no avail.