ISSUE 9/2023 – MALAYSIAN FEDERAL COURT CONFIRMS THAT JUDGES CAN BE INVESTIGATED

Federal Court case of HARIS FATHILLAH MOHAMED IBRAHIM & ORS v. TAN SRI DATO’ SRI HAJI AZAM BAKI wherein a constitutional reference filed under ss 84 and 85 of the Courts of Judicature Act 1964 was considered. There were two constitutional questions referred to the Federal Court:

(1) whether, having regard to Article 4 and Part IX of the Federal Constitution (“FC”), criminal investigation bodies, including but not limited to the Malaysian Anti-Corruption Commission, were only legally permitted to investigate judges of the High Court, Court of Appeal and the Federal Court (“Superior Court Judges”) who had been suspended according to Article 125(5) of the FC; and

(2) whether the Public Prosecutor was empowered to institute or conduct any proceedings for an offence against Superior Court Judges under Article 145(3) of the FC, having regard to Article 4 and Part IX of the FC.

The Federal Court answered Question 1 in the negative and Question 2 in the affirmative.