Karpal fails in bid to take CJ to court
The Kuala Lumpur High Court today dismissed the leave application by prominent counsel Karpal Singh to take Chief Justice Zaki Azmi to court for alleged misconduct.
The Kuala Lumpur High Court today dismissed the leave application by prominent counsel Karpal Singh to take Chief Justice Zaki Azmi to court for alleged misconduct.
Karpal is acting against Zaki over an
apparent admission
during a convention in Kuching in 2008 that he (Zaki) had bribed court officials while a practising lawyer.
Appellate and Special Powers court judge Aziah Ali dismissed the application in chambers this afternoon, with costs of RM10,000.
However, Karpal, who is also DAP chairperson and Bukit Gelugor MP, said he will appeal the decision.
"I think it should be taken further," he told reporters after coming out of the chambers, stressing that the case involves public interest.
Karpal had applied for leave for an order of mandamus to compel the chief justice to explain the matter and to have him brought before the Judges Code of Ethics Tribunal.
However Attorney-General Abdul Gani Patail
(right)
had objected, saying that Karpal has no
locus standi
(legal standing) to raise the matter, and that it is not an arguable case.
In his judgment today, the judge agreed with Abdul Gani that Karpal has failed to show that his application falls within the ambit of Section 44(1) of the Specific Relief Act 1950 (SRA), which states the threshold requirement for an order of mandamus .
“It is clear that there is no point that required further investigation. I am satisfied that there is no arguable case and the application is frivolous and vexatious.”
Among others, the judge pointed out that Karpal had failed to prove that his personal rights would be injured if the chief justice does not perform his statutory duties, which is another requirement stated in Section 44(1)(a) of the SRA.


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