The High Court will tomorrow hear an application sought by lawyer K. Raja Segaran to stop the Bar Council's emergency general meeting, called to discuss the controversy involving Chief Justice Eusoff Chin, from proceeding this Friday.

Raja Segaran today filed a suit at the High Court seeking a declaration that the Bar Council's meeting is illegal, and sought an interim injunction to prevent it from taking place.

According to Bernama , in his writ of summons, Raja Segaran, 35, sought a declaration from the court that the proposed EGM is wrongful, illegal, invalid, null and void and contrary to the Legal Profession Act.

He further sought a declaration that the notice issued by the executive committee of the Bar Council to members of the Bar notifying the lawyers of the meeting is wrongful, illegal, invalid, null and void/or contrary to the Legal Profession Act or constitutes an offence under the Sedition Act.

The Bar Council had convened an EGM of the Malaysian Bar with an intention to move a proposed resolution calling for the suspension of Eusoff pending a tribunal or royal commission of inquiry to investigate into allegations of impropriety against him.

Allegations against Eusoff were sparked off last month when de facto law minister Rais Yatim gave a radio interview in Australia, saying that it is "improper behaviour" for a judge to holiday with a lawyer who appears in courts cases before him.

Eusoff, who was photographed with prominent lawyer V.K. Lingam while on holiday in New Zealand in 1994, has claimed that their meeting was coincidental.

A circular was sent out by the Bar Council last week notifying members of the Bar of the meeting along with the proposed resolution.

Raja Segaran claimed, in his writ, that no meeting was held by the Bar Council to decide on whether the EGM should be held or not and that their notice was defective because it did not give adequate notice of the proposed EGM.

He further claimed that the holding of the EGM and the adoption of the proposed resolution would damage the administration of justice in the country.

Raja Segaran named the Bar Council and its 11 executive committee members including president Sulaiman Abdullah, vice-president Roy Rajasingham and former presidents R.R. Chelvarajah, Dr Cyrus Das, Raja Aziz Addruse and Hendon Mohamed as defendants in the lawsuit and is seeking damages, costs and other relief deemed necessary by the court.

His application for an interim injunction will be heard by Justice Dr R.K. Nathan tomorrow.

Last week, Raja Segaran issued a letter to the Bar Council calling for the meeting to be cancelled on the grounds that the meeting and its proposed resolution would be ultra-vires the Legal Profession Act and that certain matters intended for discussion at the meeting would be sub-judice as well as contravening the Sedition Act.

He said further that the meeting and the adoption of the resolution "will cause irreparable damage to the image, integrity and independence of the judiciary which we as members of the Bar are beholden to protect".

Last year, Raja Segaran successfully sought an injunction against the Bar Council to stop a similar meeting from taking place.

His injunction was granted by Justice Nathan - the same judge who will be hearing the application tomorrow - on the grounds that the issues raised for discussion at the meeting, such as those pertaining to contempt proceedings against lawyers Zainur Zakaria and Tommy Thomas, were sub-judice as their cases were pending in court.

The EGM was subsequently called off, while the council's appeal against Nathan's decision is still pending.

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