High Court judge Noorin Baharuddin granted the application by Haris, Nur Ain Mustapa and Sreekant Pillai to let the apex court decide on the issue. No order was made for costs.

Noorin said the case was a matter of fundamental importance as it affected the judiciary as a whole.

“The court is of the view that a definitive and final pronouncement will benefit both parties,” she said.

The application arose as a consequence of the investigation by the Malaysian Anti-Corruption Commission (MACC) on Court of Appeal judge Nazlan Mohd Ghazali.

Haris and the two lawyers filed a lawsuit in May seeking a declaration that criminal investigation bodies, including MACC, are not entitled or are otherwise precluded from investigating serving judges of the superior courts (High Court, Court of Appeal, and Federal Court) unless the judges are suspended as required under the Federal Constitution.

They also want the court to declare that the public prosecutor is not empowered to institute or conduct any proceeding for an offence against serving judges of the superior courts.

In addition, they are seeking a declaration that the investigation by MACC into Nazlan is unconstitutional.

The three had claimed that MACC’s investigation was a violation of the independence of the judiciary and the separation of powers by the executive branch.

MACC said it had opened an investigation paper following a report lodged on an unexplained sum of more than RM1 million in Nazlan’s bank account.

Nazlan was the trial judge who convicted and sentenced former prime minister Najib Razak on seven charges relating to RM42 million in funds belonging to SRC International Sdn Bhd on July 28, 2020.

Last December, the Court of Appeal upheld the conviction. An appeal against the conviction is pending before the Federal Court.

Nazlan previously lodged a police report against fugitive blogger Raja Petra Kamarudin who had alleged that he was being investigated for unexplained money in his bank account.