Court orders lawyer to decide if summons would be rendered academic


Bede Hong

Lawyer Sangeet Kaur Deo says her team is considering its position in relation to an RCI into a judge's claims of misconduct in the judiciary. – The Malaysian Insight file pic, February 25, 2019.

LAWYER Sangeet Kaur Deo has been ordered to decide whether her originating summons would be rendered academic by a royal commission of inquiry into a judge’s claims of misconduct in the judiciary.

Court of Appeal justice Hamid Sultan Abu Backer alleged widespread corruption in the judiciary, in an affidavit filed on February 14 in support of Sangeet’s application to declare that the chief justice failed to defend the integrity and credibility of the institution in two alleged incidents of judicial interference.

Kuala Lumpur High Court judge Mohd Firuz Jaffril today set March 13 for the court to be updated on the matter, as well as for case management.

Sangeet said her team is considering its position in relation to the RCI.

“I am personally of the view that it doesn’t affect the case, but I would like to have a look into that,” she told reporters.

“Also, depending on the (federal counsel’s) affidavit-in-reply, if there is one, and the contents of that. I’ll have to look at it, to see whether any of my prayers (requests for relief or damages) could be academic. That is something I need to look at.”

Earlier, Firuz questioned whether Sangeet’s prayers in her originating summons may be made “superfluous” with the coming RCI, announced by Prime Minister Dr Mahathir Mohamad on Thursday.

“We don’t know how long the RCI is going to take. All of us want to get to the bottom of it.”

Sangeet, the daughter of the late DAP stalwart Karpal Singh, filed the originating summons against the chief justice on January 14, alleging that he failed to act on alleged judicial interference in her father’s sedition appeal and the M. Indira Gandhi conversion case.

Richard Malanjum is not named in Sangeet’s suit, which refers only to the presiding chief justice.

She seeks a declaration that the chief justice failed to protect and defend the integrity of the judiciary with regard to her father’s sedition case and the allegations made by Hamid.

Court of Appeal judge Hamid Sultan Abu Backer, in an affidavit filed on February 14, alleges widespread corruption in the judiciary. – The Malaysian Insight file pic, February 25, 2019.

Sangeet also seeks a declaration that she is entitled to have information regarding the internal probe in the two cases as a person who has had her rights affected and has expectations of an impartial judiciary.

She wants a declaration that the chief justice failed in his constitutional and statutory duty to preserve the integrity of the judiciary with regard to the two matters listed.

Today, Sangeet served the chief justice, via the Attorney-General’s Chambers (AGC), her affidavit-in-reply, as well as Hamid’s affidavit.

Malanjum was represented by S. Narkunavathy, who told the court that the chief justice will reply by March 13.

Firuz instructed Sangeet’s lawyer, Jahaberdeen Mohamed Yunoos, to stop writing opinion pieces on Hamid’s affidavit.

The judge was likely referring to the lawyer’s article published by The Star yesterday, which called on police and the Malaysian Anti-Corruption Commission to step in and carry out investigations.

Firuz also questioned how the public was able to get access to Hamid’s affidavit, which has been widely circulated.

Sangeet said Hamid’s affidavit was filed on February 14, and she was only following instructions to serve AGC today.

She denied knowing how the document was leaked.

“It is public knowledge even to me,” she told reporters.

“It has been going around via WhatsApp. Even I received it on WhatsApp. It’s very surprising how that could have happened.” – February 25, 2019.


Sign up or sign in here to comment.


Comments