AGC seeks partial expungement of Hamid Sultan's affidavit
The Attorney-General’s Chambers (AGC) has filed an application to expunge large portions of Court of Appeal judge Hamid Sultan Abu Backer’s affidavit, which the lawyer Sangeet Kaur Deo is relying on in her lawsuit against the chief justice...
The Attorney-General’s Chambers (AGC) has filed an application to expunge large portions of Court of Appeal judge Hamid Sultan Abu Backer’s affidavit, which lawyer Sangeet Kaur Deo is relying on in her lawsuit against the chief justice.
Senior federal counsel Suzana Atan said the AGC, which filed the application on March 7, is seeking the expungement as the impugned contents of the affidavit were “contemptuous, scandalous, and scurrilous attack on the judiciary”.
She said the application was made under Order 41 Rules 5 and 6, which deal with interlocutory applications for court orders to strike out any affidavit which are scandalous, irrelevant, or otherwise oppressive.
“The judge set April 3 to allow the applicant (Sangeet) to file an affidavit-in-reply (against the AGC’s expungement bid),” Suzana said when met after proceedings at the Kuala Lumpur High Court this morning.
In her lawsuit, Sangeet is seeking a declaration that the chief justice - not named in her originating summons - had failed to defend the integrity and credibility of the judiciary when he did not complete investigations relating to two allegations of judicial interference.
In a shocking allegation contained in the affidavit filed on Feb 14, Hamid claimed that certain members of the judiciary have been aiding private parties to defraud the government.
Hamid claimed that the act of defrauding was done through nominees of politicians creating contracts with the government.
Once the government reneges on the contract, he alleged, the private parties would take the government to court in order to claim compensation.
When met after the same matter, Sangeet confirmed that the AGC has informed High Court judge Mohd Firuz Jaffril that it (AGC) filed the expungement application.
Meanwhile, after the same proceedings, lawyer Haniff Khatri Abdulla said he informed the court that he needs time to take instruction from Hamid on whether he (Hamid) wished to intervene in the suit.
Currently holding a watching brief for Hamid, Haniff said they were only informed by Sangeet yesterday that the AGC had filed the expungement application.
“On the 11th hour we come to court (today) and we tell (the court) that we need time to take instruction from Hamid (for an application to intervene in the lawsuit) related to the application to expunge.
“The court gives (us) time until April 3 to take instruction (from Hamid). Once confirmed, we will make an application to intervene,” Haniff said.
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