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1989 MarsdenLR 1174

HASHIM YEOP A SANI, MOHAMED YUSOFF, GUNN CHIT TUAN
MALAYSIAN BAR – Appellant
Versus
TAN SRI DATO ABDUL HAMID BIN OMAR (NO 2) – Respondent


Advocates:
Raja Abdul Aziz Addruse (S Theivanthiran, Lee Min Choon, Matthias Chang, Gurbachan Singh Johal, Collin Sequerah and Jeffrey Fernandez with him) for the applicant.
Tan Sri Abu Talib bin Othman, Attorney General, Malaysia (T Selventhiranathan, Senior Federal Counsel, with him) for the respondent.
Solicitors: Suhaimi Khor Zulkifli & Chang; Lee, Perara & Tan; Jackson & Masacorale; Fernandez & Co; Nashir Johal & Co; CL Sequerah & Co.

Hashim Yeop A Sani CJ (Malaya)

(delivering the judgment of the court): The Malaysian Bar took out a notice of motion to move the court for an order or direction that the Lord President of the Supreme Court do advise the Yang di-Pertuan Agong pursuant to art 122(1A) of the Federal Constitution to appoint such person or persons who have held high judicial office in Malaysia and whom the Yang di-Pertuan Agong in his absolute discretion deems fit to be an additional judge or judges of the Supreme Court to hear the committal proceedings against the respondent. Alternatively the Malaysian Bar sought for an order that the committal proceedings be stayed pending an application to the Lord President under the same art 122(1A) of the Federal Constitution for the same purpose.

In the affidavit supporting the notice of motion, the secretary of the Bar Council of the Malaysian Bar gave a summary of the grounds for objecting to all Supreme Court judges from hearing the committal proceedings. The summary of the grounds are contained in para 3 of the affidavit as follows.

3 A brief summary of the grounds for objection in relation to the respective Supreme Court judges are given below:

3.1 The Hon

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