Court of Appeal judge Hamid Sultan Abu Backer wants a declaration that the in-camera proceeding is against the rules of natural justice, irrational and against the Federal Constitution.
He also wants a declaration that the committee, chaired by Chief Justice Tengku Maimun Tuan Mat, is acting unconstitutionally in framing charges against him and that the charges should be declared null and void.
Hamid, who is scheduled to retire next year, said the composition of the seven-member committee to deliberate on his matter is also against procedural fairness, rules of natural justice and rule of law.
He also wants a declaration that the committee is not qualified to hear his matter and that the proceeding should be suspended pending the outcome of the judicial review hearing.
Hamid’s lawyer, Wilson Joy Appukuttan, said the judicial review application was filed late last month and the sealed copy of court papers was served on the Attorney-General’s Chambers two days ago.
“The High Court has now fixed Nov 12 for parties to appear before judge Mariana Yahya,” he said, adding that Hamid has to first obtain leave from the court before the merits of his complaint could be heard.
Hamid has named Tengku Maimun and the committee as respondents to his action.
Earlier this month, Hamid also filed an originating summons in the High Court to seek direction in relation to the affidavit and judgment he delivered in a criminal appeal case.
Hamid posed a question as to whether the judgment he delivered in June could be subjected to an investigation by the committee.
He 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.
He said the proper forum at this stage would be a royal commission of inquiry for the affidavit and the Federal Court for the judgment.
The committee has filed an application to strike out the suit and Joy said a hearing had been fixed, also before Mariana, on Dec 21.
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.