KUALA LUMPUR, Oct 22 — The High Court here today dismissed an originating summons (OS) filed by the daughter of the late Karpal Singh against a former Chief Justice over alleged interference by the judiciary in the outcome of her father’s sedition case and the religious conversion of three Hindu children.
“The applicant has expressed her intention to withdraw the said application subject to the court’s decision on the respondent’s application to expunge certain paragraphs contained in the affidavit filed by Court of Appeal Judge Datuk Dr Hamid Sultan Abu Backer (to support the OS).
“This court is of the view that the suit at hand is rendered academic as the applicant no longer has a live issue or interest for which she seeks this court’s assistance to remedy,” Justice Datuk Mohd Firuz Jaffril said in dismissing lawyer Sangeet Kaur Deo’s suit.
The court also allowed former chief justice Tan Sri Richard Malanjum’s application to expunge certain paragraphs contained in the affidavit filed by Hamid Sultan.
“Having reviewed the law on the issue of scandalous and irrelevant affidavits and the submission by the respondent this court has a duty to deliberate and decide on the issues raised to ensure that provisions of the law both procedural and substantive are compiled with,” the judge said.
He asserted that the practice of filing scandalous, irrelevant affidavits should be discouraged if not prohibited.
“Conversely, as the applicant is seeking to withdraw the suit, the expunging of the specific parts of the affidavits as sought by the respondent will not affect the applicant’s interest at all,” he said.
On March 29, the Federal Court acquitted Karpal Singh of a sedition charge for allegedly questioning the late Sultan of Perak’s action relating to a state crisis.
It ruled that there was serious misdirection of law by the High Court and Court of Appeal as both courts had failed to evaluate the former DAP national chairman’s defence.
The apex court set aside Karpal Singh’s conviction and fine of RM1,800. Karpal’s widow Gurmit Kaur, 70, acted as substitute appellant in the appeal.
On February 14, Hamid Sultan filed a 63-page affidavit in support of Sangeet’s originating summons.
In the OS, Sangeet sought among others, a declaration that the chief justice had failed to perform his duties as head of the judiciary to defend its integrity and credibility by not completing the investigation into two allegations of judicial interference.
The first allegation pertained to the decision on her late father Karpal Singh’s sedition appeal while the second, conversion of kindergarten teacher M. Indira Gandhi’s children. — Bernama