Judges Ethics Committee, chairperson seek to strike out Hamid Sultan’s suit
The Judges Ethics Committee and its chairperson have filed an application to strike out a lawsuit against them by Court of Appeal judge Hamid Sultan Abu Backer.
The striking-out application was filed by a federal counsel at the High Court Registry in Kuala Lumpur yesterday.
Hamid Sultan filed the originating summons to challenge the committee’s investigation into his affidavit on alleged abuses and fraud in the judiciary at the High Court Registry in Kuala Lumpur on Oct 9.
According to a copy of the application sighted by Malaysiakini today, the committee and its chairperson seek to strike out Hamid Sultan’s suit under Order 18 Rule 19 (1)(b) or Rule 19(1)(d) of the Rules of Court 2012.
Order 18 Rule 19(1)(b) and Rule 19(1)(d) empower the court, at any stage of a proceeding, to issue an order to strike out any writ in an action, on the grounds that it is scandalous, frivolous or vexatious; or it is otherwise an abuse of the process of the court.
The striking-out application seeks a temporary stay of Hamid Sultan’s legal action pending the disposal of the said application.
“The reason for the application is that the plaintiff’s (Hamid Sultan’s) application (suit) is scandalous, frivolous, or vexatious and that the plaintiff’s application is an abuse of process of this honourable court,” the striking-out application states.
When contacted today, Hamid Sultan's counsel Joy W Appukuttan confirmed that they were served an unsealed copy of the striking-out application yesterday.
Aside from the committee and its chairperson, the lawsuit also named lawyers Sangeet Kaur Deo (above) and Mohamed Haniff Khatri Abdulla as defendants in the matter.
On Aug 16, it was reported that Hamid Sultan had received a show-cause letter from the Judges Ethics Committee in relation to the affidavit.
Hamid Sultan had made several claims in his affidavit filed in February last year, prompting the then Pakatan Harapan government to mull a royal commission of inquiry.
However, the commission did not materialise as the Harapan government collapsed in late February this year.
Sangeet had relied on Hamid Sultan’s affidavit in her lawsuit against the chief justice over alleged judicial misconduct. However, the High Court in Kuala Lumpur dismissed her suit on Oct 22 last year.
Haniff Khatri had previously tried but did not succeed, in his bid to intervene in Sangeet’s lawsuit against the chief justice.
Through the lawsuit, Hamid Sultan claimed, among others, that instead of being determined by the committee, the issue linked to his affidavit ought to be looked at by a Royal Commission of Inquiry.
According to the online cause list at ecourtservices.kehakiman.gov.my, the legal action is fixed for case management before the High Court judge in Kuala Lumpur, Mariana Yahya, at 9am on Nov 4 this year.
Editor's note: Based on legal advice, the commenting feature for the above article has been disabled.
