The questions of law filed by two lawyers and an activist regarding the Malaysian Anti-Corruption Commission's investigation into judge Mohd Nazlan Ghazali have been ruled by the Kuala Lumpur High Court as eligible to be referred to the Federal Court. – The Malaysian Insight file pic, July 19, 2022.
Judge Noorin Badaruddin ruled that the Federal Court is the correct and appropriate forum to hear matters that affect the judiciary as a whole, as the question arising in this matter relates to provisions of the Federal Constitution concerning the independence of the judiciary vis-a-vis the doctrine of separation of powers.
“It cannot be denied that this court is empowered to determine the questions, but it becomes a question of concern of having to go through the appellate process on a matter that is important to the judiciary as a whole,” she said. Nur Ain Mustapa and Sreekant Pillai, as well as activist Haris Fathillah Mohamed Ibrahim, had filed an originating summons, among others, to refer the two questions to the Federal Court and to seek a declaration that the investigation conducted by the MACC against judge Nazlan is unconstitutional.
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