HARIS FATHILLAH MOHAMED IBRAHIM & ORS v. TAN SRI DATO' SRI HJ AZAM BAKI & ORS [2023] 3 CLJ 653
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ;
ABANG ISKANDAR PCA;
MOHAMAD ZABIDIN MOHD DIAH CJ (MALAYA);
NALLINI PATHMANATHAN FCJ;
VERNON ONG LAM KIAT FCJ;
HARMINDAR SINGH DHALIWAL FCJ;
RHODZARIAH BUJANG FCJ
[CIVIL REFERENCE NO: 06(RS)-4-07-2022(W)]
24 FEBRUARY 2023
Serving Superior Court Judges are not immune from criminal investigations or prosecution. They need not be suspended or removed before they can be investigated or prosecuted. However, because they are serving judges, criminal investigations against them are subject to a higher standard, in light of the doctrine of judicial independence. If an investigation or prosecution against a serving judge is found to have been commenced for collateral purposes, the courts are entitled, when reviewing them, to set aside or pass any other remedy that counts as a suitably moulded relief. As always, the remedy depends on the facts and circumstances of the case.
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