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2023 MarsdenLR 347

FEDERAL COURT PUTRAJAYA
HARIS FATHILLAH MOHAMED IBRAHIM & ORS – Appellant
Versus
TAN SRI DATO SRI HAJI AZAM BAKI & ORS – Respondent


Petitioner Advocates:Malik Imtiaz,Surendra Ananth,Yvonne Lim,Khoo Suk Chyi,Wong Min Yen ,Respondent Advocate: Liew Horng Bin

Table of Content
1. reference filed on constitutional grounds. (Para 1 , 2 , 3)
2. macc's legal basis for investigation of judge. (Para 10 , 11 , 12)
3. appellants argue limits on investigatory powers. (Para 15 , 16 , 20)
4. judges' need for protection from frivolous investigations. (Para 41 , 42 , 44)
5. parameters of judicial ethics and conduct. (Para 45 , 56 , 57)
Tengku Maimun Tuan Mat CJ:

Introduction

[1] This is a constitutional reference ('Reference') filed pursuant to ss 84 and 85 of the Courts of Judicature Act 1964 ('CJA 1964') in the presently stayed proceedings in Originating Summons No WA-24-24-05/2022 at the High Court in Malaya at Kuala Lumpur ('OS').

[2] The appellants are practising advocates and solicitors of the High Court in Malaya. The 2nd respondent is the Malaysian Anti-Corruption Commission ('MACC') while the 1st respondent is its Chief Commissioner. The 3rd respondent is the Government of Malaysia.

[3] The OS was filed to seek the following declaratory reliefs:

(1) That criminal investigation bodies, including the 2nd respondent (MACC), are not entitled or are otherwise precluded from investigating serving Judges of the High Court, the Court of Appeal and the Federa

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