HARIS FATHILLAH MOHAMED IBRAHIM & ORS v. TAN SRI DATO' SRI HJ AZAM BAKI & ORS
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ
ABANG ISKANDAR PCA
MOHAMAD ZABIDIN MOHD DIAH FCJ
NALLINI PATHMANATHAN FCJ
VERNON ONG LAM KIAT FCJ
HARMINDAR SINGH DHALIWAL FCJ
RHODZARIAH BUJANG FCJ
[CIVIL REFERENCE NO: 06(RS)-4-07-2022(W)]
24 FEBRUARY 2023
[2023] CLJ JT (5)

AbstractServing Superior Court Judges are not immune from criminal investigations or prosecution. They need not be suspended or removed before they can be investigated or prosecuted. However, because they are serving judges, criminal investigations against them are subject to a higher standard, in light of the doctrine of judicial independence. If an investigation or prosecution against a serving judge is found to have been commenced for collateral purposes, the courts are entitled, when reviewing them, to set aside or pass any other remedy that counts as a suitably moulded relief. As always, the remedy depends on the facts and circumstances of the case.

CONSTITUTIONAL LAW: Judges – Criminal investigations – Constitutional reference – Whether criminal investigation bodies only legally permitted to investigate into Superior Court Judges that have been suspended – Whether Public Prosecutor empowered to institute or conduct any proceedings for offence against serving Superior Court Judges – Federal Constitution, Part IX, arts. 4, 125(5)
& 145(3)

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