The High Court in Kuala Lumpur reasoned that Dr Mahathir Mohamad's application for Prime Minister Najib Abdul Razak to advise the Yang di-Pertuan Agong to revoke the appointments of the top two posts in the judiciary as frivolous and is not arguable.

Justice Azizah Nawawi in her written grounds said under Article 122B(1) of the Federal Constitution, the prime minister is to give advice after consulting the Conference of Rulers.

"Under Article 40(1A), the Agong shall act on the advice given. Therefore, under both these provisions, there is nothing that gives the legal right to Mahathir to direct the prime minister to tender the advice to the Agong."

Mahathir, in his judicial review application, wanted to compel the prime minister to advise the Agong to revoke the appointments of Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin as additional judges...