THE MALAYSIAN Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has supported calls by former judges and the Bar Council for a Royal Commission of Inquiry to look into claims by a Court of Appeal judge that he was severely reprimanded for his dissenting judgment in a high-profile case. 

Hamid Sultan Abu Backer had recently revealed at an international law conference in Kuala Lumpur that he was reprimanded by a top judge for his dissenting judgment in case of the unilateral conversion of M. Indira Gandhi’s three children two years ago. 

The council said in a statement today that an RCI was needed to look into the allegation of misconduct against a top judge.

It also said judiciary independence is sacrosanct, and judges must be able to act without fear or favour and apply the law according to the facts presented to them.

“Any reprimanding of a judge by a superior judge such that appears to have happened in this case, for writing a dissenting judgment amounts to a serious attempt at judicial misconduct.

“In fact, it is a duty of a top judge to ensure the independence of the judiciary and not himself engage in conduct which can cast great doubt on the integrity and independence of the judiciary.”

The council said the RCI must be set up immediately to avoid unfairly casting aspersions on other judges who were diligent in carrying out their duties. It also said the commission should recommend reforms to improve and strengthen judicial integrity and independence.

“An RCI may also allay public fear that there may be other such cases of judicial misconduct.”

The joint statement was issued by Mohan Shanmugan of the Malaysia Hindu Sangam (MHS), Archbishop Julian Leow Beng Kim of the Christian Federation Malaysia (CFM), Sardar Jagir Singh of the Malaysian Gurdwaras Council (MGC), Daozhang Tan Hoe Chieow of the Federation of Taoist Associations Malaysia (FTAM) and Venerable Sin Kan of the Malaysia Buddhist Association (MBA).

Hamid Sultan was on a three-member bench that ruled on the validity of the unilateral conversion of Indira Gandhi’s children to Islam by their Muslim convert father.

On December 30, 2015, the court of appeal ruled in a 2-1 majority decision that the matter could only be determined by the shariah court. 

In his 74-page written judgment dated January 5, 2016, Hamid Sultan said the civil high court had the power to decide on the validity of conversion certificates, as the primary issues did not involve the shariah court.

He said, during the International Malaysia Law Conference on August 16, he was called up by the top judge, who then severely reprimanded him and accused him of, among other things, judicial activism after the judgment was released to the public.

“Not only that, he also started shouting at me in an uncivilised manner.

“I stood my ground. My response to that top judge was that I did not have to defend my judgment and would not be cowed to act against my oath of office.

“This incident strained my relationship with that judge and many others,” Hamid Sultan said in his speech titled “Judiciary as The Principal Guardians of The Rule of Law”. – August 23, 2018.