JUDGMENT

Ong Chee Kwan JC:

Introduction

[1] Every judge of the superior courts in Malaysia takes an oath to discharge his judicial duties honestly and impartially to the best of his ability. Judges are duty bound to make decisions according to law and uninfluenced by personal bias, conflict of interest, without fear or favour, affection or ill-will or prejudice. In fact, a judge's duty to act honestly and impartially is the defining feature of the judge's role in the administration of justice.

[2] Thus, when an application is made to recuse a judge, it touches upon a very fundamental aspect of the administration of justice and public confidence in the system of justice. Thus, any allegation of bias or reasonable apprehension of bias against a judge is a serious allegation and must be based on substantial grounds. If the application is made in a cavalier manner or based on bad faith or frivolous grounds, it may expose the applicant to possible contempt proceedings.

[3] This judgment deals with recusal applications filed by the 1st to 4th Defendants, the 8th Defendant and the 10th Defendant under encls 246, 250 and 252 respectively ('the Recusal Applications').

Background Facts