Court of Appeal judge Hamid Sultan Abu Backer, among others, is seeking a declaration that the in-camera proceeding before the Judges’ Ethics Committee was against the rules of natural justice, irrational and against the Federal Constitution.
Joy said the application was initially fixed on Dec 21 during a case management two weeks ago.
“The Dec 10 date was fixed following an application by the Attorney-General’s Chambers (AGC),” he told FMT.
On Nov 12, High Court judge Mariana Yahya allowed an interim stay to Hamid who was asked to appear before the committee in relation to an affidavit and a judgment.
This means an inquiry scheduled today (Nov 25) was cancelled pending the outcome of the judicial review proceeding.
Hamid 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.
Joy said the Court of Appeal had also fixed case management this Friday following the AGC’s appeal against Mariana’s ruling to stop the committee from holding the inquiry.
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 lawyer Sangeet Kaur Deo, accusing the top judge of failing to defend and preserve the integrity of the judiciary.
Hamid had filed a 63-page affidavit in support of Sangeet’s action which was eventually dismissed by the High Court late last year.
In August, FMT reported that the committee had issued Hamid a show cause notice over the affidavit and judgment, which he had delivered in early June.
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 his 101-page judgment.