The Kuala Lumpur High Court today dismissed lawyer Sangeet Kaur Deo's lawsuit against the chief justice over alleged judicial misconduct.
Judge Mohd Firuz Jaffril made the decision during open court proceedings this afternoon.
The judge ruled that the applicant Sangeet no longer had a live issue to be addressed as her father Karpal Singh's sedition conviction had already been set aside by the Federal Court.
“Having analysed the circumstances of the present case at hand, the acquittal of the late Karpal Singh by the Federal Court and the fact that the applicant (Sangeet) has expressed her intention to withdraw the said application (main legal action) subject to the court’s decision on the respondent’s (the chief justice who was not named in the legal action) application to expunge certain paragraphs contained in the affidavit of (Court of Appeal judge) Hamid Sultan Abu Backer, this court is of the view that the OS (originating summons, the main legal action by Sangeet) at hand has been rendered academic as the applicant no longer has a live issue or interest for which she seeks this court’s assistance to remedy.
“Putting it in simple terms, it is my view that the aggrieved interest of the applicant has been remedied and no further relief is required.
“Accordingly, I am constrained to hold that the declaratory orders sought by the applicant via Enclosure 1 (in the OS) are no longer necessary and are hereby dismissed,” Firuz ruled in dismissing the legal action.
"The aggrieved interest of the applicant (Sangeet) has been remedied and no more remedy is needed.
"The declaratory orders are no longer necessary," Firuz ruled in dismissing the legal action.
Earlier, during the same proceedings, Firuz allowed the respondent’s application to dismiss 144 out of 152 paragraphs of Hamid Sultan’s affidavit which was being relied on by Sangeet in her legal action against the chief justice.
The chief justice, through the Attorney-General’s Chambers, had filed for the expungement application on March 7.
In reading out his judgment, Firuz said the court took cognisance of the fact the applicant has previously informed the court of her wish to withdraw the OS.
Firuz noted this had been agreed to by the respondent with no order as to costs subject to the application to expunge portions of Hamid Sultan’s affidavit.
He also said the court also took into account that the OS’s subject matter, namely alleged interference in the sedition case of the late Karpal Singh resulting in his conviction, was somehow now seen as academic with the Federal Court setting aside the conviction on March 29 this year.
When met, Sangeet Kaur said today’s ruling did not address the root issue of her legal action as to whether there had been judicial interference in Karpal’s sedition case.
She also called on the judiciary to proactively investigate the allegation of judicial interference.
“The judiciary should do the right thing and investigate the matter. The expungement (of portions of Hamid Sultan’s affidavit) does not reverse this (need for a probe).
“The allegation of interference in the judiciary has not been addressed. This is a glaring issue that is still not investigated until today.
“The expungement (of portions of Hamid Sultan’s affidavit) and my matter academic (as per today's ruling) does not address the main problem of interference in the judiciary,” she said.
When asked whether she would appeal today's verdict on both the expungement as well as the dismissal of her entire legal action, she said she would consider this as she had about a month to make a decision on whether to appeal.
Present today was senior federal counsel S Narkunavathy who represented the chief justice, and counsel Joy Appukuttan who held a watching brief for Hamid Sultan.
On Oct 2, Sangeet has questioned the inaction of the government and judiciary over allegations of judicial misconduct raised by Court of Appeal judge Hamid Sultan Abu Backer.
In shocking allegations contained in his affidavit filed on Feb 14, Hamid claimed that certain members of the judiciary have been aiding private parties to defraud the government.
He alleged that the act of defrauding was done through nominees of politicians who had contracts with the government.
In February, Prime Minister Dr Mahathir Mohamad instructed for an RCI into judicial misconduct to be set up.
However, former Sabah chief minister Yong Teck Lee filed a suit to stop the RCI but his bid was struck out on July 24.
De facto law minister Liew Vui Keong said the government would decide on the RCI into judicial misconduct after Yong's 30 days appeal deadline elapses.
On Jan 14, Sangeet filed her suit against the chief justice seeking a declaration that he had failed to protect and defend the integrity of the judiciary over the sedition case against her late father, Karpal. - Mkini
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