KUALA LUMPUR: An internal investigation into the alleged judicial interference in an appeal concerning the late Karpal Singh was suspended in view of an ongoing police investigation into the matter.
Special officer to the Chief Justice Mohd Aizuddin Zolkeply said the internal investigation was also suspended after taking into account that the appeal was still pending at the Federal Court.
"The internal inquiry was merely suspended and not discontinued to ensure that no prejudice is caused to the ongoing police investigations as well as the pending appeal," he said in an affidavit-in-reply which was made available to the press Friday (Feb 15).
The seven-page document - which was affirmed by Mohd Aizuddin, 37, and filed on Feb 7 - was in response to an originating summons by Sangeet Kaur Deo, who is the daughter of Karpal.
Sangeet had sued the Chief Justice on Jan 14 in seeking a declaration that he had failed to protect and defend the integrity of the judiciary with regard to her late father's sedition case.
She named an unnamed "Chief Justice of Malaysia" as the sole respondent in her suit.
In her supporting affidavit, Sangeet questioned the Chief Justice's move on Nov 28, last year where he temporarily suspended the investigations and also the hearing of Karpal's appeal at the Federal Court.
She claimed that such actions amounted to bad faith and were bad in law.
On allegations by Justice Hamid Sultan Abu Backer, where the sitting Court of Appeal judge claimed he was severely reprimanded by a "top judge" for delivering his dissenting decision in the case of Indira Gandhi, Mohd Aizuddin said a definitive finding on the allegations could not be made due to the varying accounts given at the internal inquiry.
"Further, the 'top judge' concerned had retired hence no action could be taken under the Judges Code of Ethics 2009 read with the Judges Ethics Committee Act 2010," he added.
Mohd Aizuddin also said in his affidavit-in-reply that there was no such position as the "Chief Justice Malaysia" under the law.
"Hence the action of the plaintiff is misplaced," he said.
The case is fixed for case management on Feb 25.