Court of Appeal judge Hamid Sultan Abu Backer, in his originating summons filed last week, posed a question as to whether the judgment he delivered in June could be subjected to an investigation by the committee.

Hamid also asked whether the affidavit he affirmed last year in support of a suit filed by lawyer Sangeet Kaur Deo was also subject to scrutiny by the committee.

The judge, who is scheduled to retire next year also posed a question as to whether the committee could probe him, as the Cabinet early last year had agreed to set up a Royal Commission of Inquiry (RCI) into the explosive disclosure in his 65-page affidavit.

Hamid wants the committee to suspend the scheduled proceedings on Oct 22 pending the outcome of his suit.

He said it was improper and unlawful for the committee to assume jurisdiction to inquire into these complaints and make a decision.

“The proper forum at this stage would be the RCI for the affidavit and the Federal Court for the judgment” he said.

Hamid said the judgment was a subject of privilege and the committee had no power to deal with the matter.

“The impugned judgment cannot give rise to any breaches in the Code of Ethics as it was written pursuant to the plaintiff’s (Hamid) constitutional oath of office,” said the legal papers sighted by FMT.

Hamid said the affidavit was filed to support a suit filed by Sangeet, the late Karpal Singh’s daughter.

“The plaintiff is both competent and compellable as a witness in law,” it said.

Hamid has named the committee chairman Chief Justice Tengku Maimun Tuan Mat and the committee as defendants.

Also named as defendants are Sangeet and lawyer Mohamed Haniff Khatri Abdulla, who are termed as interested parties.

Hamid ‘s lawyer Joy Wilson Appukuttan said a case management would be held before High Court Judge Mariana Yahaya on Nov 4.

At an international conference in Kuala Lumpur two years ago, Hamid alleged there had been judicial interference in several high profile cases.

It led to a suit against the chief justice early last year by Sangeet, accusing the top judge of failing to defend and preserve the integrity of the judiciary.

In August, FMT reported that the committee had issued Hamid a show cause notice over the affidavit and the judgment.

Hamid, among other things, had said in the judgment that the judiciary was expected to act as a check and balance on the executive and legislature, as provided for under the Federal Constitution.

On Sept 8, Hamid replied to the show cause notice, which sources told FMT was quite explosive, where the judge stood by the entire contents of the affidavit and also a 101-page judgment he delivered in early June.