Thursday 28 Mar 2024
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KUALA LUMPUR (Oct 22): The High Court today struck out the suit filed by lawyer Sangeet Kaur Deo for a probe to be conducted on the judiciary handling her late father Karpal Singh's sedition case.

Justice Datuk Mohd Firuz Jaffril also expunged a big portion of an explosive affidavit made by Court of Appeal judge, Justice Hamid Sultan Abu Backer, in support of Sangeet's suit against the chief justice’s office.

Justice Firuz ruled that Justice Hamid Sultan's affidavit is hearsay and not relevant to the application.

Sangeet had asked the court not to deliver its decision on the suit, pending a decision by her on whether or not to appeal the ruling on the expungement of huge portions of the affidavit.

However, Justice Firuz went ahead to deliver his decision.

He ruled Sangeet's application is academic, as the Federal Court had already decided to acquit Karpal of the sedition charge and hence the suit cannot stand.

Senior Federal Counsel S Narkunavathy, who appeared for the CJ, had sought to expunge almost 95% of the affidavit.

Sangeet, when met, expressed disappointment in the court’s decision, saying what was “glaringly obvious” in her application is the need for an investigation on the judiciary.

“Till today, we do not have a Royal Commission of Inquiry (RCI) as promised by the government earlier, into the judiciary. With big portions of the affidavit being expunged, does it mean that the issues raised by Justice Hamid Sultan are forgotten? The issue (over the judiciary) has not been resolved,” she said.

Sangeet also took the Malaysian Bar to task over their silence on the matter, saying they had not pressured the executive or the Attorney-General’s Chambers for the RCI. “Where is the Bar in all this? Why the silence?” she asked.

It was previously reported that Prime Minister Tun Dr Mahathir Mohamad had agreed to the setting up of an RCI.

Meanwhile, lawyer Datuk Joy Appukuttan, who appeared for Justice Hamid Sultan, said it is sad that the court has decided to expunge big portions of a sitting senior judge’s affidavit.

“Hamid Sultan is a national hero. What he did through the affidavit was for the nation and her future. He was concerned over the misconduct in the judiciary. He had the courage to raise it through his affidavit.

“He is akin to a whistleblower. In matters of this nature, there are no sides. We should all be on the same side with him. The issues raised in his affidavit have yet to be investigated. This can only be done via an RCI. The most senior judge of the Court of Appeal has raised the issues.

“The Bar Council has called for an RCI in the past. Today, they have gone lame. The government has agreed to set up an RCI. It’s nine months since then, and we have not seen any progress. The government must not procrastinate and should act immediately,” he added.

Sangeet filed the suit against the CJ’s office last February, to seek a declaration that then-CJ Justice Tan Sri Richard Malanjum had failed to defend the integrity of the judiciary, and that the judiciary should be investigated.

Justice Hamid’s affidavit, which was in support of Sangeet’s suit, alleged that there was interference in Karpal’s sedition appeal at the Court of Appeal (CoA). He claimed that the court had initially wanted to acquit the DAP stalwart, but was later influenced by senior judges to maintain his conviction in 2016, with a reduced fine.

Justice Tan Sri Tengku Maimun Tuan Mat, who is currently the Chief Justice, was part of the CoA bench and was the only judge who dissented and wanted Karpal freed.

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