JUDGMENT

Noorin Badaruddin J:

Broad Grounds Of Judgment

[1] The underlying proceeding herein centers on important issues ie. whether criminal investigation bodies, including the 2nd Defendant, are not entitled or otherwise precluded from investigating serving judges of the Superior Courts save where they are suspended pursuant to art 125(3) and art 125(5), Federal Constitution or removed pursuant to art 125(3) and whether the Public Prosecutor is not empowered to institute or conduct any proceedings for an offence against serving judges of the Superior Courts. Ultimately, the Applicants sought for a declaration that the investigation by the 2nd Defendant into learned Justice Dato' Mohd Nazlan bin Mohd Ghazali is unconstitutional.

[2] In the instant application (Enclosure 5), the Plaintiffs seek to move this Court to refer the following questions to the Federal Court (the"Questions"):

[2.1] Whether, having regard to art 4 and Part IX, Federal Constitution , criminal investigation bodies, including but not limited to the MACC, are only legally permitted to investigate into judges of the High Court, Court of Appeal and the Federal Court that have been suspended pursuant to art 125(5)