Lawyer Syed Iskandar Syed Jaafar Al Mahdzar has called on attorney-general Tommy Thomas to apply to lift the interim gag order before the new High Court judge who will hear Najib Abdul Razak's criminal cases tomorrow.

Speaking to Malaysiakini, Syed Iskandar said Thomas should apply to lift the interim gag order, as it was made without any basis.

"The court should make a decision based on evidence.

"Since there are questions surrounding the previous judge (Justice Sophian Abdul Razak) who heard the case last month, the interim gag order applied by Najib's lawyer Muhammad Shafee Abdullah is in question," he added.

It was revealed earlier that Justice Sophian is the brother of Mohd Soffi Abdul Razak, a five-term Umno assemblyperson in Pahang and a four-time state exco member, raising concerns of his impartiality.

"The judge should have declared his interests... and furthermore Shafee should have given advance notice (to the prosecution) of his intention. Hence, Shafee was not following the proper procedure (by making an oral application)," Syed Iskandar said.

Lawyer and former lawmaker N Surendran had previously said the judge has no power to issue a gag order binding "the world at large".

Shafee had applied for the gag order on the grounds of preventing a trial by media.

Syed Iskandar also suggested that the prosecution apply to revoke bail granted to the former premier as the charge of criminal breach of trust under Section 409 of the Penal Code is non-bailable.

"What is so special about Najib that he be given bail?" he asked, adding that the new judge hearing the matter can decide on the bail as well as review the orders made by Justice Sophian.

It was reported that Justice Mohd Nazlan Mohd Ghazali is expected to preside the case tomorrow.