Ex-judge sues Bar to compel recognition as legal consultant

 Harmindar Singh Dhaliwal seeks leave to challenge the Bar’s refusal to approve his application.

Former Federal Court judge Harmindar Singh Dhaliwal currently serves as the chairman of the Criminal Law Review Committee. (Facebook pic)

KUALA LUMPUR:

 Former Federal Court judge Harmindar Singh Dhaliwal has filed for leave to commence judicial review proceedings against the Malaysian Bar, challenging its refusal to recognise him as a legal consultant.

Harmindar, who retired from the judiciary about a year ago, lodged the application in the High Court last week through the legal firm Chetan Jethwani & Company.

He contends that the Bar’s decision to reject his request for a waiver under Rule 60 of the Legal Profession (Practice and Etiquette) Rules 1978, contained in its letter to him dated Jan 20 this year, was unreasonable and irrational.

Rule 60 provides that a person with 20 years’ service as a superior court judge or practising lawyer may be appointed as a consultant.

Harmindar is seeking a declaration that the Bar’s rejection of his application was illegal, irrational, perverse, procedurally unfair, improper, in breach of his legitimate expectation, and unlawful.

He also wants the court to quash the rejection and declare that he is entitled to a waiver of Rule 60, thereby qualifying for appointment as a consultant.

However, Rule 62 of the 1978 Rules also states any rule, including Rule 60, could be waived with the approval of the Attorney-General.

According to court filings, the AG has given his approval for the waiver.

Harmindar served on the bench for 16 years, having been appointed a High Court judge in 2009 before rising the ranks to the Court of Appeal and the Federal Court.

Before his elevation, he served in the judicial and legal services, which he joined in 1982.

Harmindar made his application for admission as a consultant in July last year, having secured the position with law firm Rosli Dahlan Sarvana Partnership, named the second applicant in the court papers.

He currently serves as the chairman of the Criminal Law Review Committee, tasked by the government with reviewing and proposing reforms to strengthen the criminal justice system.

He was appointed to the role in March last year by law and institutional reform minister Azalina Othman Said following his retirement. - FMT