Selangor BN information chief Isham Jalil asked what was so special about Nazlan, who convicted and sentenced former prime minister Najib Razak in his SRC International trial, that he should be given such immunity.
Responding to an opinion piece by legal expert Shad Saleem Faruqi today, Isham maintained that judges were members of a public body, making them liable to criminal investigations.
He also said Article 125 of the Constitution, which provided for the setting up of a tribunal to assess the misconduct of judges, involved judges’ tenure and remuneration and did not mention anything about criminal offences.
He maintained that constitutional provision involved matters of ethics whereas a current investigation by the Malaysian Anti-Corruption Commission (MACC) involved a criminal allegation.
Isham said: “One does not go to jail for acting unethically but for committing a crime”.
He said the MACC investigation was not about shortening his tenure or removing him from office because of indiscipline or a breach of the code of ethics but because of a criminal allegation against him.
“If he is guilty, not only will he be removed from office and have his tenure shortened, but he will go to jail as well. So this is a lot more serious than disciplinary or ethical misconduct.
“What is so special about Nazlan that you and your friends see fit to accord him special immunity from an investigation on a criminal allegation? Isn’t the law supposed to be blind to all in the matter of justice? Why the double standard?” Isham said in a Facebook post.
The current controversy involving Nazlan arose from an article by fugitive blogger Raja Petra Kamarudin alleging that the judge was being investigated for unexplained money in his bank account. Nazlan has denied the allegation and lodged a police report against Raja Petra’s article.
The MACC launched an investigation into the matter after a report was lodged, drawing criticism from the Bar Council and others. But the anti-graft agency defended its probe, saying it had the authority to investigate any public official, including judges.
Nazlan came to prominence as the judge who convicted and sentenced former prime minister Najib on seven charges relating to RM42 million in funds belonging to SRC International on July 28, 2020.
The conviction was upheld by the Court of Appeal in December, and an appeal against the conviction is pending before the Federal Court.