Kuala Lumpur High Court judge Abu Bakar Jais has got it all wrong when he decided to strike out the suit filed by former premier Dr Mahathir Mohamad and two others against Prime Minister Najib Abdul Razak, says former Federal Court judge Gopal Sri Ram.

Sri Ram, who had served in the Court of Appeal for 15 years before being elevated to the highest court in 2009, said the action brought by Mahathir is based on the well-established common law tort of misfeasance in public office.

“It is not brought under an act of parliament. It is also not an action brought for violation by the executive of a constitutionally-guaranteed right."...