[UPDATED] Lawyers, activist sue govt for separation of powers, judicial independence

KUALA LUMPUR – Three people have filed a suit against the government to determine constitutional issues relating to separation of powers and judiciary independence.

This comes on the heels of the Malaysian Anti-Corruption Commission’s (MACC) investigation into Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali after receiving reports alleging unexplained funds in his account.

The originating summons filed by lawyers Nur Ain Mustapa and Sreekant Pillai, and activist Haris Ibrahim at the high court here today named MACC chief Tan Sri Azam Baki, the anti-graft agency and the government as defendants.

Besides a declaration that MACC’s investigation into Nazlan is unconstitutional, the trio are seeking one to declare that criminal investigation agencies, including MACC are not entitled to probe into serving judges of the superior courts unless required by the federal constitution.

The suit also seeks to declare that the public prosecutor has no powers to institute or conduct any proceedings for an offence against serving judges of the superior courts.

In a statement issued by solicitors Messrs Malik Imtiaz Sarwar on behalf of the group, it said while judges must be accountable for crimes they might have committed, the power to investigate and initiate criminal proceedings must be balanced against the need to ensure public confidence in the judiciary. 

It added that in the face of MACC’s assertion that it is entitled to investigate a sitting judge, the silence from the federal government and the attorney-general signifies them agreeing with MACC’s stand. 

“The judiciary has been left without any recourse, as it is in no position to descend into the arena and seek the necessary declarations of its own accord.” 

Nazlan was the presiding high court judge in former prime minister Datuk Seri Najib Razak’s SRC International trial at the Kuala Lumpur High Court that commenced in April 2019 and delivered the guilty verdict in July 2020.

He was also the judge who convicted and sentenced Najib on charges relating to RM42 million belonging to SRC International in July 2020. An appeal against the conviction is pending before the Federal Court. 

Last week, Puchong MP Gobind Singh Deo urged MACC to clarify whether the facts in the reports lodged against Nazlan had been verified prior to launching its investigation. 

Gobind said the onus falls on Azam to respond to criticism that the probe on the judge is akin to an attack on the independence of the judiciary and the rule of law. – The Vibes, May 6, 2022