AN activist and two lawyers have filed a suit against the government and two others to determine important constitutional issues on the independence and separation of powers of the judiciary.

This comes on the heels of a Malaysian Anti-Corruption Commission (MACC) investigation into Court of Appeal judge Mohd Nazlan Mohd Ghazali.

Haris Ibrahim, Nur Ain Mustapa and Sreekant Pillai filed the suit at the Kuala Lumpur High Court today, naming MACC, its chief commissioner Azam Baki and the government as defendants.

They are seeking to determine, among other things, that criminal investigation agencies are not entitled to investigate or otherwise precluded from investigating serving judges of the superior courts unless the latter are suspended as required under the Federal Constitution.

They are also seeking a declaration that the MACC investigation is unconstitutional.

They have filed an application to refer two constitutional queries in relation to the reliefs sought to the Federal Court.

The trio said the investigation is a violation of the independence and separation of powers of the judiciary.

“These are matters of grave importance that affect all persons in this country. The Federal Constitution guarantees everyone access to justice administered by a judiciary that is free from interference of any sort.”

According to the plaintiffs, the constitution also guarantees equality before the law and equal protection of the law.

“It is not our view that judges are immune from investigation or prosecution. Like all of us, they must be held accountable for any crime they may have committed.”

But the power to investigate and institute criminal proceedings must be balanced against the need to ensure public confidence in the judiciary, they added.

They said the attorney-general and government have remained silent in the face of assertions by the anti-graft agency that it is entitled to investigate the judge.

“It appears, therefore, that they agree with MACC’s views.

“The judiciary is, therefore, left without any recourse, as it is in no position to descend into the arena and seek the necessary declaration of its own accord.”

MACC is investigating the judge over an “unexplained” RM1 million in the latter’s bank account. Nazlan, then Kuala Lumpur High Court judge, found former prime minister Najib Razak guilty of graft involving RM42 million in SRC International Sdn Bhd funds in 2020.

Nazlan was elevated to the Court of Appeal in February this year. He has since lodged a report to deny the allegation.

Some of his peers have taken to social media to publicly vouch for his character as a person of integrity, and condemn the unsubstantiated claim against him. – May 6, 2022.