KUALA LUMPUR: A High Court judge yesterday expressed his hope that the Court of
Appeal or the Federal Court would reopen two civil suits pertaining to
interpretation of two articles in the Federal Constitution.
Judge Datuk Mohd Hishamudin Mohd Yunus was referring to two
suits by lawyer K. Raja Segaran against the Malaysian Bar involving Articles 125
and 127.
In reading his 59-page judgment, Mohd Hishamudin said: "There is one issue that
I strongly feel compelled to touch upon. I would be failing in my duty as a
judge if I do not say what needs to be said in the interest of justice.
"It is a matter of constitutional importance."
He made specific reference to:
- Article 125 (2) and (3) which deals with tenure of office
of a Federal Court judge and when he can be removed; and,
- Article 127 which states that the conduct of a judge of the Federal Court,
Court of Appeal or High Court cannot be discussed in either House of Parliament
except on a substantive motion.
The High Court ruled that the Bar Council was wrong in calling for an EGM
(extraordinary general meeting) on Nov 20, 1999. The Bar Council then appealed
to the Court of Appeal which dismissed the appeals, stating that the EGM would
be contrary to Articles 125 and 127 of the Federal Constitution, and that only
Parliament could discuss the conduct of a judge.
Mohd Hishamudin said this after dismissing another suit filed by Raja Segaran to
stop the Malaysian Bar from holding an EGM on June 23, 2000, to discuss the
conduct of the then chief justice Tun Eusoff Chin.
Mohd Hishamudin said he was unable to agree with the Court of Appeal's
interpretation of the two articles. He said both articles were meant to protect
and preserve the fundamental constitutional principles of the independence of
the judiciary and the doctrine of separation of powers.
"I cannot fathom how such a conclusion can be reached by the court. With all due
respect, the Court of Appeal's reasoning that only Parliament can discuss the
conduct of judges is far-fetched."
In dismissing yesterday's suit, he said Raja Segaran has no legal standing to
institute this action.
The suit was dismissed, with costs, and damages to be assessed. Raja Segaran
filed the suit on June 19, 2000, seeking, among others, a declaration that
convening the EGM was illegal, invalid, void and contrary to the Legal
Profession Act 1976.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Workshop on Financial Planning (18 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this workshop will take place at 10:00 am, at the Kuala Lumpur Bar Auditorium, on 18 May 2012 (Friday). The workshop will be conducted by Chooi Kim Ying. Click on the link above for more details.
Seminar on an Introduction to the Industrial Relations Act (23 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 23 May 2012 (Wednesday). The seminar will be conducted by Wong Keat Ching. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
News/Notices 
Subscribe to this comment's feed
Circular No 102/2012: Mahkamah Sesyen/Majistret Kajang Moving to Kompleks Mahkamah Kajang
I admire Justice Hishamudin for his clarity of thought, and his gentlemanly politeness. He uses the phrase "far-fetched". Such a polite phrase!
Yeo Yang Poh