Lawyer: It’d be wrong to charge judge before investigating his allegations

PETALING JAYA: It will be wrong to ask judge Hamid Sultan Abu Backer to appear before a tribunal for alleged misconduct instead of investigating his affidavit that exposed corruption and misconduct in the judiciary, his lawyer said.

Haniff said this in response to a statement by former Malaysian Bar president Ragunath Kesavan that the government’s move to set up a RCI to investigate the judiciary would go against the constitution and the doctrine of separation of powers. He said there was also no provision in the Commissions of Enquiry Act 1950 to investigate the judicial branch.

In response, Haniff said Ragunath was reading the Commissions of Enquiry Act in a very narrow fashion to erroneously rule out any RCI on the judiciary. “Thomas has also filed an application to expunge Hamid’s affidavit in support of lawyer Sangeet Kaur Deo’s suit against the chief justice,” he said. He said if that happened, a sincere allegation by a sitting judge would be swept under the carpet and the opportunity to clean up the judiciary’s image through the RCI would be lost completely.

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