CJ: Judiciary to inquire IGP on judicial misconduct investigation status

The judiciary will inquire the Inspector-General of Police Abdul Hamid Bador on the status of police investigation relating to allegations of judicial misconduct in the affidavit made by the Court of Appeal.

Chief Justice Tengku Maimun Tuan Mat (photo) said the Chief Registrar would be writing to the IGP on the matter soon.

She said the judiciary did not ask the police on the matter or conduct an internal investigation earlier as there was a pending suit in the High Court on the same issue.

“We did not move because there was a pending suit in the High Court and just only recently that the suit was disposed of by the court,” she told reporters after officiating the Legal Year 2020.

“Now that the suit in the High Court has been disposed of, we think it is an appropriate time for us to check with the police on the status of their investigation so that we could deal with whatever that needs to be done on the part of the judiciary,” she said.

When asked whether she would wait any longer since the litigant, lawyer Sangeet Kaur Deo had filed an appeal, Tengku Maimun said, “If we are going to wait for the appeal, it will take longer”.

Last year, the judiciary had lodged a police report over allegations made against unnamed judges and the institution in the affidavit made by a sitting Court of Appeal judge Hamid Sultan Abu Backer.

Sangeet had also filed an originating summons in connection with alleged interference by the judiciary in the outcome of her father, the late Karpal Singh's sedition case.

The suit was dismissed by the High Court on Oct 22.

Earlier in her speech, Tengku Maimun responded to the speech delivered by Malaysian Bar President Abdul Fareed Abdul Gafoor (above), who reiterated the call for the setting up of the Royal Commission of Inquiry (RCI) to investigate into allegations of judicial misconduct.

The top judge said the allegations made were under investigation and until the authorities decide whether those allegations warranted further action, they remain unproven accusations.

She said Abdul Fareed's statement has created the perception that as those allegations have been made, that in itself, showed that the judiciary lacked independence.

Tengku Maimun added that the statement further suggested that without an RCI, the confidence of the public in the judiciary stands eroded.

She said it was important that the Malaysian Bar, which plays a crucial role in upholding the independence of the judiciary, does not unwittingly erode public confidence by imputing that the entire judiciary was tainted until an RCI was held.

“This, with respect, is wholly unwarranted because what are in effect unproven allegations are not, and cannot be, reflective of the independence of the entire judiciary. Ironically, it has the unfortunate effect of eroding public confidence in the institution as it now stands.

“How is the judiciary to function if the entire institution is perpetually put on trial for allegations which are still under investigation?” she chided.

- Bernama