PUTRAJAYA:Attorney-General (AG) Tan Sri Idrus Harun today withdrew his appeal over a High Court decision allowing an interim stay of the Judges’ Ethics Committee’s (JEC) inquiry proceedings against Court of Appeal (COA) Judge Datuk Dr Hamid Sultan Abu Backer, which was scheduled on Nov 25.
Senior Federal Counsel Mohd Sabri Othman informed a three-member Court of Appeal panel led by Datuk Mohamad Zabidin Mohd Diah that the Attorney-General’s Chambers (AGC), which was representing the appellant (Idrus), was withdrawing its appeal filed on Nov 23 against the decision made by the Kuala Lumpur High Court on Nov 12.
"We were informed that the respondent's (Hamid Sultan) side had no objection to this application and there was no issue related to costs,” said Mohd Sabri.
However, he said the notice of discontinuance of the appeal was not filed as Hamid Sultan's counsel did not give their consent due to the 'facts and circumstances of this case'. Justice Mohamad Zabidin, who heard the matter with justices Datuk Abu Bakar Jais and Darwryl Goon Siew Chye, then struck out the appeal with no order as to costs.
On Nov 12, High Court Judge Datuk Seri Mariana Yahya granted the interim stay to Hamid Sultan, until his application for leave for a judicial review that challenges the JEC's decision to hold the investigative proceedings against him (Hamid Sultan) in-camera came up for hearing on Dec 10.
The court then extended the interim stay pending the decision for the judicial review application, which was fixed on Jan 21 next year.
With this extended interim granted, the date for JEC’s inquiry proceedings has yet to be fixed.
Federal Counsel M. Kogilambigai also informed the panel that the AG had filed a fresh appeal against the extended interim stay with the certificate of urgency last week, to have the matter to be heard soon.
Earlier, Hamid Sultan's lead counsel Datuk Bastian Pius Vendargon told the court that his client was disturbed by the insistence for the matter to be heard on an early date, between Christmas and New Year.
"Because counsel, that's me as well as Datuk Joy Wilson Appukuttan, are both celebrating Christmas, although this case is of public importance," he said.
Justice Mohamad Zabidin said the court registry would consult parties before fixing a date to hear an appeal and a panel will only be assembled to hear the appeal after the registry has fixed the date.
Later, during a case management before senior deputy registrar N. Kanageswari, the court fixed Jan 14 next year to hear the appeal.
Hamid Sultan filed the application for leave of a judicial review in the Kuala Lumpur High Court on Oct 20, naming the chairman of the JEC and the JEC as the first and second respondents respectively.
He is seeking a certiorari order to quash the decision of the respondents stated in the first respondent's letter dated Sept 28 and Sept 29, as well to declare the decision as invalid and void, in violation of Articles 5 and 8 of the Federal Constitution.
He is also seeking a declaration that the composition of the seven members of the committee to listen to and deliberate the complaints made against him as violating legal procedures and regulations.
The judge is also seeking a declaration that the first respondent, as the chairman of the committee, was not eligible to hear or deliberate the complaints raised in the first respondent's notice dated Aug 10. Chief Justice Tun Tengku Maimun Tuan Mat is the chairman of the JEC at present.
Hamid Sultan, through his affidavit of support filed with the judicial review, said the application was made to protest the decision of the JEC not to allow his request for the proceedings to be heard in an open forum.
He said the application was filed based on the decision of the first respondent to investigate two complaints that had been raised against him by other judges involving his judgment as the Court of Appeal Judge in the Public Prosecutor's case against Aluma Mark Chinonso & Anor, and the affidavit he affirmed in support of an originating summons filed by lawyer Sangeet Kaur Deo, who sought several declarations with respect to court decisions made in her late father Karpal Singh's appeals.
-- BERNAMA
Bernama
Wed Dec 23 2020
Hamid Sultan filed the application for leave of a judicial review in the Kuala Lumpur High Court on Oct 20, naming the chairman of the JEC and the JEC as the first and second respondents respectively. AWANI file pic
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.
Economic outlook: Budget 2025 to lay foundation for a digital-driven economy
The report said Budget 2025 will entail efforts to position Kuala Lumpur as a top 20 global startup hub by 2030 through the KL20 initiative.
Economic outlook: Corruption and lack of accountability hinder economic progress
Special Cabinet Committee on National governance is established to curb corruption, law reforms to modernise outdate regulations, MoF said.
National Wages Consultative Council will be strengthened
The govt will also incentivise hiring women returning from career breaks, offer job matching and improve care services facilities.
Economic outlook: Ensuring 11 years of compulsory education for all children
Budget 2025 will continue prioritising upskilling and retraining initiatives to equip workers with the latest skill sets necessary.
Consolidated public sector projected to record lower surplus of RM41.7 bil 2024
The MoF said the consolidated general government revenue is estimated to increase slightly to RM384.7 billion in 2024.
PM announces substantial Budget 2025 hastening Malaysia to become Asian economic powerhouse
Datuk Seri Anwar Ibrahim said it would create jobs and also tackle financial leakages to enhance public spending efficiency.