Court says 'No' to Karpal's legal suit against Chief Justice

Lawyer Karpal Singh on Tuesday failed in his preliminary bid to get a court order to compel Chief Justice Tun Zaki Azmi to respond to his complaint regarding alleged misconduct on the part of the chief justice while he was a practising lawyer in 1987.

High Court Judge Datuk Aziah Ali dismissed Karpal's leave application for a judicial review with RM10,000 costs to be paid to the Attorney-General's Chambers, representing Zaki.

In her judgment, Justice Aziah allowed the Attorney-General's Chambers' preliminary objection to Karpal Singh's leave application. She ruled that there was no arguable case and the application filed by Karpal Singh was frivolous and vexatious.

She also held that Karpal Singh, as an applicant in the case, had failed to satisfy the threshold requirement for a mandamus order under Section 44(1) of the Special Relief Act 1950 (SRA).

"It is clear that there is no point that requires further investigation," said Justice Aziah.

When met by reporters later, Karpal Singh said he would file an appeal against today's outcome as, according to him, the case involved points of law and this was the first case of a judicial review against the chief justice.

Attorney-General Tan Sri Abdul Gani Patail and senior federal counsel Datin Azizah Nawawi and Suzana Atan represented the chief justice.

On Jan 12, Karpal Singh, who is chairman of the Democratic Action Party (DAP) and Bukit Gelugor MP, filed the leave application for a judicial review in seeking a mandamus order to force Zaki to explain his alleged misconduct with regard to an admission by Zaki on the bribing of court officials during his days as a lawyer.

Besides seeking to have Zaki brought to the Judges Code of Ethics Tribunal, Karpal Singh is also asking for a court order to prevent Zaki himself from determining the merits of the complaints lodged against him under Section 13 of the Judges' Code of Ethics 2009.

In his application, Karpal Singh said the proper authority to hear complaints against Zaki would be a retired chief judge or a retired federal court judge.

-- BERNAMA