Thursday 28 Mar 2024
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This article first appeared in The Edge Financial Daily on August 17, 2018

KUALA LUMPUR: A Court of Appeal judge claimed he was reprimanded by a top judge for writing a dissenting judgement in a unilateral conversion case, and was subsequently relieved from hearing appeals touching on constitutional and public interest matters.

Datuk Hamid Sultan Abu Backer, speaking at the International Malaysian Law Conference yesterday, said he was shocked when he “got into trouble” with the top judge whom he did not name. “Immediately after the judgement was released to the public, a top judge called up the entire Coram and severely reprimanded me, alleging, inter alia, of judicial activism.

“And not only that, he started throwing tantrums at me in an uncivilised manner,” Hamid said, adding that despite the attack he stood his ground.

“My response to that top judge was that I do not have to defend my judgement and I will not be cowed to act against my oath of office,” he said.

In December 2015, Hamid wrote a 74-page dissenting judgement in the appeal involving the unilateral conversion to Islam of kindergarten teacher M Indira Gandhi’s three minor children by her former husband. Hamid ruled that the unilateral conversion was illegal as it was done without Indira’s consent, and the children did not recite the Kalimah Syahadah, an affirmation of faith to enter Islam.

The other judges in the case were Datuk Seri Balia Yusof Wahi and Datuk Dr Badariah Sahamid, both of whom are now Federal Court judges.

Hamid said his judgement was perfected with the constitutional oath jurisprudence, which was aimed at protecting the fundamental rights guaranteed under the federal constitution. “I personally thought that the judgement was my greatest gift to the Malaysian public in terms of the jurisprudence related to constitutional law, oath of office and the role of four pillars of the Federal Constitution,” he said.

Hamid said the surprise attack by the top judge “created a long-term strained relationship with that judge and many more.”

“I was not surprised when I was not assigned or empaneled to hear cases related to the Federal Constitution and public interest matters,” he added.

In January this year, a five-member Federal Court panel, led by Tan Sri Zainun Ali, unanimously adopted Hamid’s 2015 decision.

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