Nik Hashim FCJ:

(The respondent's application to recuse Augustine Paul FCJ from hearing the criminal appeals NO 05-130-2008 (B) and NO 05-143-2008 (B))

[1] A three-member panel consisting of Nik Hashim, Augustine Paul and Zulkefli FCJJ, was empanelled by the learned Chief Justice to hear the Federal Court Criminal Appeals NO 05-130-2008 (B) (the 1st appeal) and NO 05-143-2008 (B) (the 2nd appeal) on 11 February 2009 at Putrajaya. The 1st appeal is the appellant's appeal against the High Court's decision allowing the respondent's application for a writ of habeas corpus for his release on 7 November 2008 whereas the 2nd appeal is the respondent's cross-appeal specifically against the High Court's decision in holding that s 8 of the Internal Security Act 1960 did not contravene the Federal Constitution.

[2] When both the appeals were called up for hearing on 11 February 2009, learned counsel for the respondent, Encik Malik Imtiaz Sarwar applied to recuse my learned brother Augustine Paul FCJ from hearing the appeals on the grounds that the respondent had been critical of the learned judge in his website in 2001 and that there might be a real danger of bias on the part of the lear