Lawyer Joy Wilson Appukuttan, who represented Court of Appeal judge Hamid Sultan Abu Backer, said this meant the inquiry scheduled for Nov 25 would be postponed pending the outcome of a judicial review proceeding.
“Judge Mariana Yahya allowed the interim stay of the proceedings before the committee until the outcome of the leave application for judicial review,” he told FMT.
The leave application will be heard on Dec 21.
Today’s proceeding was conducted via email with the judge.
Federal Counsel Ahmad Hanir Hambaly, representing the Attorney-General, objected as there were no special circumstances to warrant one to stop the disciplinary proceeding.
“As the proceeding before the respondents (committee) is at the early stage and leave for judicial review has not been granted, there is no basis to grant the interim stay,” he said.
Last month Hamid sought a declaration that the in-camera proceeding before the committee was 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 was also against procedural fairness, rules of natural justice and rule of law.
Hamid has named Tengku Maimun and the committee as respondents to his action.
He has 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 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.
A month later 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 had delivered in early June.