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SUHAKAM calls MACC to stop investigation against Mohd Nazlan

27 April 2022 By Farah Salim KUALA LUMPUR: The Human Rights Commission of Malaysia (SUHAKAM) has called on Malaysian Anti-Corruption Commission (MACC) to stop all investigation against judge Dato' Mohd Nazlan Mohd Ghazali as it is unconstitutional and unprecedented. SUHAKAM in a statement also questioned MACC's motives in launching the investigation againts Mohd Nazlan. It said, MACC's proposed investigation will set a negative and dangerous precedent that may undermine the Judiciary as an institution and as one of the pillars of a democratic Government. "This may also open the floodgate to frivolous and vexatious charges and abuse of process by enforcement agencies against the Judiciary. "Therefore, SUHAKAM supports the view that all judges must have the proper space to discharge their judicial duties in a manner apparent to all, and that the judicial process and decision is independent, free of any interference, considered, reasoned and honest. "Above all that, it is vital for justice not only to be seen to be done but must be done according to the law," it said. SUHAKAM stated that there are specific provisions under the Federal Constitution, to deal with allegations of wrongdoing against superior court judges. Article 125(3A) of the Federal Constitution provides that where a superior court judge has allegedly committed a breach of any of the provisions of the Code of Ethics and the Chief Justice is of the opinion that the breach does not warrant the superior court judge to be referred to a tribunal for removal from office pursuant to Clause (4), then the Chief Justice can refer the matter to the Judges' Ethics Committee established pursuant to the Judges' Ethics Committee Act 2010 [Act 703]. "SUHAKAM subscribes to and supports the principle of separation of powers to ensure the integrity and independence of the Judiciary is protected and to avoid any interference and political pressure against any member of the Judiciary at any time," it added.

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