The Chief Justice has no powers to act against former High Court judge Abdul Malik Ishak, says Karpal Singh.
KUALA LUMPUR: Minister in the Prime Minister’s Department Nazri Abdul Aziz has got it wrong when he said that only the judiciary, and not the executive, can act on former High Court judge Abdul Malik Ishak who was accused of plagiarism.
Explaining himself, veteran lawyer Karpal Singh, who is also Bukit Gelugor MP said: “As usual Nazri has got his law wrong.
“We’re not saying the executive, but only the Prime Minister can move a motion to have the tribunal set up.
“I don’t know why Nazri is talking about the chief justice.
“I don’t think the CJ can take any action, he has no disciplinary powers and there’s no provision for him to act.”
“I don’t know how Nazri came to his conclusions.”
Karpal, who is also DAP chairman, said Prime Minister Najib Tun Razak can advice the King to establish a royal tribunal to investigate and subsequently take stern disciplinary action against the judge.
The tribunal will be formed under Article 125 of the Federal Constitution, in a similar way it was constituted against former Lord President Mohamed Salleh Abas in 1988.
Quit now Malik
Karpal reiterated his earlier call for Abdul Malik to resign before the Prime Minister intervenes.
“I would call on Abdul Malik to himself resign, I am calling him to resign to save the embarrassment of himself and the country because that involves another country, Singapore.
“He has not denied my allegations, there’s only one way out for him,” Karpal told reporters at the Jalan Duta court complex.
Nazri had previously said the government could not take any action against Abdul Malik as it was a matter for the current judiciary to settle.
“That is for the court to settle, because it is the judiciary, they’re independent… We’re the executive, they’re the judiciary. We cannot interfere.
“It doesn’t matter whether it happened five or three years ago. The current judiciary must decide what to do with that,” he had told FMT.
Karpal today again chastised former law minister Rais Yatim for failing to act in 2000.
“Action should have been taken long ago, this happened way back in 2000. This happened during Rais Yatim’s time.
“He (Rais) said he left in 2004 but didn’t know what happened? But what did he do during 2000 and 2004… he did nothing,” Karpal said.
Rais must explain
Recently when asked about the case, Rais had reportedly said: “According to the case, the matter was handed over to the chief justice who was serving at that time to settle the investigation and (look into) whatever action should be taken.”
Karpal’s response today to Rais’ comment was: “I think the public needs an explanation, otherwise it may seem to be a cover-up.
“I’m not saying there is a cover-up, but that is the public’s impression.”
On Oct 4, 60 Pakatan Rakyat MPs led by Karpal had pushed for a motion to censure Abdul Malik for an alleged offence he committed as a High Court Judge in early 2000.
Abdul Malik was at the time accused of plagiarising a judgment by the-then Singapore High Court judge GP Selvam. The Johor-born Abdul Malik was appointed to the Court of Appeal on July 16, 2007.
KUALA LUMPUR: Minister in the Prime Minister’s Department Nazri Abdul Aziz has got it wrong when he said that only the judiciary, and not the executive, can act on former High Court judge Abdul Malik Ishak who was accused of plagiarism.Explaining himself, veteran lawyer Karpal Singh, who is also Bukit Gelugor MP said: “As usual Nazri has got his law wrong.
“We’re not saying the executive, but only the Prime Minister can move a motion to have the tribunal set up.
“I don’t know why Nazri is talking about the chief justice.
“I don’t think the CJ can take any action, he has no disciplinary powers and there’s no provision for him to act.”
“I don’t know how Nazri came to his conclusions.”
Karpal, who is also DAP chairman, said Prime Minister Najib Tun Razak can advice the King to establish a royal tribunal to investigate and subsequently take stern disciplinary action against the judge.
The tribunal will be formed under Article 125 of the Federal Constitution, in a similar way it was constituted against former Lord President Mohamed Salleh Abas in 1988.
Quit now Malik
Karpal reiterated his earlier call for Abdul Malik to resign before the Prime Minister intervenes.
“I would call on Abdul Malik to himself resign, I am calling him to resign to save the embarrassment of himself and the country because that involves another country, Singapore.
“He has not denied my allegations, there’s only one way out for him,” Karpal told reporters at the Jalan Duta court complex.
Nazri had previously said the government could not take any action against Abdul Malik as it was a matter for the current judiciary to settle.
“That is for the court to settle, because it is the judiciary, they’re independent… We’re the executive, they’re the judiciary. We cannot interfere.
“It doesn’t matter whether it happened five or three years ago. The current judiciary must decide what to do with that,” he had told FMT.
Karpal today again chastised former law minister Rais Yatim for failing to act in 2000.
“Action should have been taken long ago, this happened way back in 2000. This happened during Rais Yatim’s time.
“He (Rais) said he left in 2004 but didn’t know what happened? But what did he do during 2000 and 2004… he did nothing,” Karpal said.
Rais must explain
Recently when asked about the case, Rais had reportedly said: “According to the case, the matter was handed over to the chief justice who was serving at that time to settle the investigation and (look into) whatever action should be taken.”
Karpal’s response today to Rais’ comment was: “I think the public needs an explanation, otherwise it may seem to be a cover-up.
“I’m not saying there is a cover-up, but that is the public’s impression.”
On Oct 4, 60 Pakatan Rakyat MPs led by Karpal had pushed for a motion to censure Abdul Malik for an alleged offence he committed as a High Court Judge in early 2000.
Abdul Malik was at the time accused of plagiarising a judgment by the-then Singapore High Court judge GP Selvam. The Johor-born Abdul Malik was appointed to the Court of Appeal on July 16, 2007.
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