JUDGMENT
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 Federal Court save when they are suspended pursuant to art 125(5), Federal Constitution or removed pursuant to art 125(3); and/or
(2) That the Public Prosecutor is not empowered to institute or conduct any proceedings for an offence against serving Judges of the High Court, Court of Appeal and the Federal Court.
[4] The learned High Court Judge agreed with the appellants that there are questions of fundamental importance that required answers directly from the Federal Court. The two constitutional questions ('Questions') that were referred to the Federal Court read:
"Question 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), Federal Constitution.
Question 2
Whether the Public Prosecutor is empowered to institute or conduct any proceedings for an offence against serving Judges of the High Court, Court of Appeal and the Federal Court pursuant to art 145(3), Federal Constitution, having regard to art 4 and Part IX, Federal Constitution.".