Senior Judge Files Suit Against Judges Ethics Committee Over Affidavit


 



Court of Appeal judge Hamid Sultan Abu Backer has gone to court to challenge the Judges Ethics Committee's investigation into his affidavit regarding alleged abuses and fraud in the judiciary.
The senior judge, through law firm Messrs KH Lim & Co, filed his originating summons at the Kuala Lumpur High Court Registry on Oct 9.
According to the cause papers sighted by Malaysiakini this afternoon, the suit named the chairperson of the Judges Ethics Committee, the Judges Ethics Committee as well as lawyers Sangeet Kaur Deo and Mohamed Haniff Khatri Abdulla as the four defendants in the matter.
On Aug 16, it was reported that Hamid Sultan had received a show cause letter from the Judges Ethics Committee in relation to the affidavit.
Hamid Sultan had made several claims in his affidavit filed in February last year, prompting the then Pakatan Harapan government to mull a royal commission of inquiry.
However, the commission did not materialise as the Harapan government collapsed in late February this year.
Sangeet had relied on Hamid Sultan’s affidavit in her lawsuit against the chief justice over alleged judicial misconduct. However, the Kuala Lumpur High Court dismissed her suit on Oct 22 last year.

Sangeet Kaur Deo
Haniff Khatri had previously tried but had not succeeded in his bid to intervene in Sangeet’s lawsuit against the chief justice.
According to the cause papers, Hamid Sultan also filed an originating summons to challenge the Judges Ethics Committee’s investigation into his ruling in a Court of Appeal matter involving PP vs Aluma Mark Chinonso & Another, delivered on June 17 this year.
Hamid Sultan claimed, among others, that it was improper and unlawful for the committee to assume jurisdiction to inquire into the alleged complaints as well as prosecute and adjudicate on these complaints and “perhaps arrive at any decision arising therefrom against the plaintiff.”
“The impugned affidavit and impugned (Court of Appeal) judgment ought not to be determined at all by this committee let alone be the subject matter of the notice. The proper forum at this stage would be a royal commission of inquiry for the affidavit and the apex court for the judgment,” Hamid Sultan argued.
The senior judge claimed that his affidavit was subject to absolute privilege as it was filed in the civil suit by Sangeet.
“The plaintiff (myself) is both competent and compellable as a witness in law. Hence, the impugned affidavit cannot be the subject of any alleged breaches of the (Judges) Code (of Ethics 2009) especially in view that the impugned affidavit was written pursuant to the plaintiff’s constitutional oath of office to expose judicial misconduct,” Hamid Sultan further said.

Mohamed Haniff Khatri Abdulla
He also claimed that his ruling in the Court of Appeal matter was subject to privilege and that the Judges Ethics Committee had no power to deal with the said ruling due to it being the subject matter of a further appeal at the Federal Court, among others.
Among the reliefs that Hamid Sultan sought from the legal action was whether it was a proper exercise of power by the Judges Ethics Committee to investigate the complaints with respect to the affidavit when the previous cabinet had called for a royal commission over the matters raised in the said affidavit.
Other reliefs sought were for all proceedings before the Judges Ethics Committee to be stayed until further orders and/or a determination by the High Court.
Checks on the online cause list website showed that Hamid Sultan’s legal action has been fixed for case management before the Kuala Lumpur High Court at 9am on Nov 4.
When contacted by Malaysiakini this afternoon, the plaintiff’s solicitor Joy W Appukuttan said the suit’s cause papers have been served on the Judges Ethics Committee, its chairperson as well as Haniff Khatri.
In regards to Sangeet, the lawyer said that formal service of the cause papers on her would be done in due course. - Mkini


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2020/10/senior-judge-files-suit-against-judges.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+M

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Forfeiture Suit Hearing Against Petrosaudi Postponed To Nov 10

Forfeiture Suit Hearing Against Petrosaudi Postponed To Nov 10

papar berkaitan - pada 1/10/2020 - jumlah : 54 hits
The Kuala Lumpur High Court has postponed the hearing of the government s US 340 million 1MDB linked forfeiture suit against PetroSaudi International Limited and four others from Oct 5 to Nov 10 Judge Mohd Nazlan Mohd Ghazali today allowed ...
Travel Bill Suit Refiled Against Azmin S Three Children

Travel Bill Suit Refiled Against Azmin S Three Children

papar berkaitan - pada 13/10/2020 - jumlah : 51 hits
A travel firm early last month withdrew its suit against three of International Trade and Industry Minister Mohamed Azmin Ali s children over purported unpaid air tickets and hotel stays However later that same month YHA Travel Tours Sdn Bh...
Court Strikes Out Felda S Rm2b Suit Against Lawyer

Court Strikes Out Felda S Rm2b Suit Against Lawyer

papar berkaitan - pada 1/10/2020 - jumlah : 62 hits
A lawyer succeeded in having his name struck out as a defendant in an RM2 billion suit by Felda and its subsidiary Felda Investment Corporation Sdn Bhd The Kuala Lumpur High Court allowed the application by Yeap Yong Yeow today following br...
Oct 28 To Hear Stay Bid In Forfeiture Suit Against Baling Mp S Family

Oct 28 To Hear Stay Bid In Forfeiture Suit Against Baling Mp S Family

papar berkaitan - pada 1/10/2020 - jumlah : 92 hits
The Kuala Lumpur High Court has fixed Oct 28 to hear an application to temporarily stay the nearly RM16 million Tabung Haji linked forfeiture suit against the family of Baling MP Abdul Azeez Abdul Rahim Judge Muhammad Jamil Hussin fixed the...
Dr Noor Hisham No Use Crying Over Spilt Milk Unite Against Common Enemy Of Covid 19 Instead

Dr Noor Hisham No Use Crying Over Spilt Milk Unite Against Common Enemy Of Covid 19 Instead

papar berkaitan - pada 6/10/2020 - jumlah : 77 hits
Where do we want to be we need to decide either to come together be united and be stronger to fight the common enemy or continue to cry over the spilled milk over and over when the numbers are increasing Our frontliners are already on the g...
Jan 11 Hearing For Anwar S Appeal On Suit Against Pardon

Jan 11 Hearing For Anwar S Appeal On Suit Against Pardon

papar berkaitan - pada 14/10/2020 - jumlah : 66 hits
His appeal will be heard together with that of the Pardons Board which is also named in the suit Anwar Ibrahim s appeal against the High Court s dismissal of his application to strike out the originating summons filed by a lawyer on the par...
Student S Civil Suit Against 7 Month Absentee Teacher To Be Heard On Nov 2

Student S Civil Suit Against 7 Month Absentee Teacher To Be Heard On Nov 2

papar berkaitan - pada 5/10/2020 - jumlah : 65 hits
A student who sued her English teacher for allegedly failing to turn up for classes for seven months is scheduled to have her case heard on Nov 2 Nafirah Siman who is 20 years old now initiated the lawsuit against teacher Jainal Jamran in O...
Macc Calls Up 9 Senior Cops Over Gambling Scam Probe

Macc Calls Up 9 Senior Cops Over Gambling Scam Probe

papar berkaitan - pada 10/10/2020 - jumlah : 117 hits
Nine senior police officers are making their statements while 8 others have been arrested by MACC PETALING JAYA The Malaysian Anti Corruption Commission has called up nine senior police officers to assist in an investigation into an online ...
Wangsa Maju Mp To File Legal Suit Over Water Disruptions

Wangsa Maju Mp To File Legal Suit Over Water Disruptions

papar berkaitan - pada 20/10/2020 - jumlah : 40 hits
Angered by the impact of water disruption on her constituents PKR s Wangsa Maju MP Tan Yee Kew has decided to initiate a class action lawsuit against the authorities If you feel the constant disruption of the water supply has caused you inc...
Dah Rembat Kereta Polis Suspek Pergi Jemput Awek Nak Tunjuk Kehebatannya

Umur 65 Wajah Keriput Nenek Ini Berubah Total Saat Nikahi Pria Muda Usia 20 Tahun

Air Mata Seorang Ibu Orang Ramai Luluh Lihat Keadaan Ibunda Almarhum Pengiran Muda Azim

Netizan Terkejut Khabib Tak Bagi Ucapan Buat Isteri Sekali Penulis Ni Sekolahkan Balik

Sedang Menerima Mengadap Pm Sekali Orang Ramai Perasan Ada Buku Ini Atas Meja Ydp Agong

Muhyiddin Diberi Nasihat Salah Kata Sumber Ppbm

Sheila Mambo Akui Cuci Face Mask Untuk Ulang Pakai Bukan Kedekut Tapi Berjimat

Tutorial Buat Duit Mudah Secara Online Di Isharefans



Senarai Lagu Tugasan Konsert Gegar Vaganza 7 2020 Minggu 4

Keputusan Markah Peserta Konsert Gegar Vaganza 7 2020 Minggu 3

Kisah Pengasas Whatsapp Yang Kecundang Kerana Facebook

7 Ciptaan Terhebat Pihak Kesatuan Soviet

Resepi Kek Minyak Paling Gebu dan Lembut


Peminat Hulur Rm1 000 Bantu Joey Bpr Bayar Kompaun Langgar Sop Tak Minta Tapi Orang Nak Bagi Saya Ambil

Gundam Mania Melaka Raya

Kanak Kanak Maut Jatuh Dari Tingkat 15

Nak Cuba Petua Legakan Lenguh Cara Tradisional Meh Baca Ni

Darurat Rejected

Time Untuk Snacking