“Neither does a true construction of the Judges’ Code of Ethics allow me to conceal misconduct.
“It does not permit any judge to conceal misconduct in the judiciary,” Hamid Sultan Abu Backer said in an affidavit in support of his suit against the committee chairman, Chief Justice Tengku Maimun Tuan Mat, and the committee.
Also named as defendants are lawyers Sangeet Kaur Deo and Mohamed Haniff Khatri Abdulla, who are termed as interested parties.
Last week, Hamid initiated his action to seek direction from the High Court in relation to an affidavit filed early last year to support a suit by Sangeet and a judgment he delivered four months ago in a criminal appeal case.
In his latest affidavit, Hamid said his sitting schedule as chairman of a Court of Appeal bench was passed to another chairman after the delivery of the judgment in June.
“I have not been rostered to sit for any matters save for completing part-heard cases,” he said, adding that these were akin to “constructive suspension” and “clearly unconstitutional acts”.
He said all this was done without notice, leading to unwarranted gossip among lawyers.
Court documents sighted by FMT also revealed that Hamid was issued a show cause notice in August following complaints by two judges – Kamardin Hashim and Azman Abdullah – to Tengku Maimun.
It said Hamid, in support of Sangeet’s suit, had made numerous remarks and strong allegations against individual judges and against the judiciary in general.
The document also said Hamid, who published a separate judgment in a criminal appeal involving Nigerians Aluma Mark Chinoso and Anyim Daniel Ikechukwu, made remarks which again disparaged the judiciary.
Hamid, who is scheduled to retire next year, posed a question as to whether the judgment and the affidavit he affirmed last year could be subjected to an investigation by the committee.
He wants the committee to suspend the scheduled proceedings on Oct 22 pending the outcome of his suit.
Case management will be held before High Court Judge Mariana Yahya on Nov 4.