Judge recuses from Hindraf case

Hindraf has succeeded in its call for a High Court judge to recuse himself from hearing the sedition case against three of its members.

PETALING JAYA: A High Court judge has recused himself from hearing a leave application by the Human Rights Party (HRP) for a judicial review to be registered as an NGO.

The court was scheduled to hear the leave application filed by HRP against Home Minister, Hishammuddin Hussein, and the Registrar of Societies (ROS) today.

However Judge Iskandar Abang Hisham recused himself from hearing the case following an application by HRP’s lawyer P Uthayakumar (photo) for him to do so.

According to a media statement from HRP information chief, S Jayathas, the request was made on the grounds of a possible bias as Iskandar had overturned a decision in a criminal case in which Uthayakumar was among the accused.

Jayathas recalled that on Nov 26, 2007, the Klang Sessions Court Judge, Junaidah Mohd Idris, had dismissed the sedition charge against the trio.

“She was thereafter punished by being transferred to a desk job at the Attorney-General’s (AG) chambers, prosecuted for an unheard of offence and subsequently forced to resign as a judge,” he said.

Jayathas noted that within 10 days Iskandar – who was the then Judicial Commissioner – heard the sedition appeal and allowed the AG’s appeal to uphold the sedition charge.

“And on June 30 this year Iskandar dismissed Hindraf’s application for a judicial review to be registered as an NGO,” he said.

This is HRP’s second leave application for a judicial review after the first was dismissed by the High Court following a rejection letter by the ROS dated Aug 4.

Jayathas said that HRP filed the second application after Hishammuddin failed to respond to HRP’s letter on the matter.

He also pointed out that the Malaysian Makkal Sakthi Party (MMSP) and Kita were registered within two weeks and one month respectively.

The case has been ordered to be heard before another judge and parties will be notified according,