Lawyer T Gunaseelan said a group of lawyers had gone public to seek support as Hamid’s six-month suspension by the Judges’ Ethics Committee last week until his retirement, was a cause for great concern.
“The establishment of the RCI is imperative for the dignity and independence of the Malaysian judiciary,” the petition said.
The ethics committee had weighed several complaints against Hamid. The first was over a judgment in a criminal appeal which he wrote while sitting in the Court of Appeal in June.
The second was over the affidavit he had affirmed in support of a suit filed by lawyer Sangeet Kaur Deo. The judge disclosed serious judicial misconduct relating to Anwar Ibrahim’s second sodomy and the late Karpal Singh’s sedition appeals.
The affidavit also disclosed how Hamid was chided by a very senior judge for a minority judgment he had written in a unilateral conversion appeal in the case of Indira Gandhi in 2016.
A five-member Federal Court bench affirmed Hamid’s verdict in January 2018.
The petition also said the government had initially agreed to establish the RCI to investigate Hamid’s allegations in February 2019.
“It has come to light now that then prime minister (Dr Mahathir Mohamad) decided to put the establishment of the RCI ‘on the back burner’ due to unhappiness voiced by some past and present judges,” it said.
The petition said the affairs of the judiciary must be transparent, and any allegation of judicial impropriety was a matter of public interest and could not be dealt with or be disposed of in private or in camera.
“Despite calls by numerous individuals and non-governmental organisations, an RCI is yet to be established,” it said.
In August, the committee issued Hamid a show cause and later asked him to appear before them which he declined last week.
Late last year, he also filed a judicial review against the committee and wanted a declaration that the in-camera proceeding was against the rules of natural justice and also questioned the composition of the committee.
He also filed an originating summons, seeking a direction in relation to the affidavit and judgment.
The High Court last month dismissed Hamid’s judicial review and also allowed the Attorney-General’s Chambers’ application to strike out his originating summons.
Both matters are now before the Court of Appeal.
Those who intend to support Hamid can click here.