PETALING JAYA: Putrajaya is seeking to strike out the suit by former Sabah chief minister Datuk Yong Teck Lee to stop the government from setting up a Royal Commission of Inquiry (RCI) into allegations of judicial misconduct.

According to Malaysiakini, a high-ranking government source said the necessary papers would be filed with the courts soon.

Yong is seeking a declaration that the decision by the Federal Government to set up the RCI is unconstitutional and in breach of the principle of separation of powers, the news portal reported.

“Yong's suit (filed in Sabah on April 29) is frivolous,” the source reportedly said.

“Furthermore, there is a precedent regarding forming an RCI on matters related to the judiciary. There was one established during the time of former premier Tun Abdullah Ahmad Badawi.

“Based on this, the government will move to strike out the matter.”

The Malaysiakini source also agreed with the Prime Minister that those who had nothing to hide should not fear the RCI.

On Wednesday (June 5), Tun Dr Mahathir Mohamad said the government is responsive to the public's call for a RCI into allegations of judicial misconduct.

He was asked to comment on a suggestion by retired judge Datuk Seri Gopal Sri Ram that newly minted Chief Justice Tengku Maimun Tuan Mat should carry out an internal inquiry into allegations of judicial misconduct.

Sri Ram said that it was inappropriate for an RCI to probe the allegations, as this would be against the doctrine of separation of powers.

The Cabinet approved the setting up of an RCI three months ago, in the wake of an affidavit by Court of Appeal judge Hamid Sultan Abu Backer outlining alleged misconduct by several unidentified judges.