The Court of Appeal has dismissed applications by six Negeri Sembilan traditional chiefs and dignitaries to stay contempt proceedings brought against them in the dispute over the appointment of the state’s Yang Dipertuan Besar.
The six are former Sungai Ujong undang Mubarak Dohak, Jelebu undang Maarof Mat Rashad, Johol undang Muhammed Abdullah, Rembau undang Abdul Rahim Yasin, Tunku Besar of Tampin Tunku Syed Razman Tunku Syed Idrus Al-Qadri and Sungai Ujong shahbandar Badarudin Abdul Khalid. A three-member bench chaired by Justice Alwi Abdul Wahab, sitting with Justices Amarjeet Singh and Shahnaz Sulaiman, unanimously dismissed both applications, filed under Section 44 of the Courts of Judicature Act 1964, and ordered the six to pay RM60,000 in costs.
The committal proceedings were brought by the Dewan Keadilan dan Undang (DKU) and its secretary, Raja Norazli Raja Nordin. Citing media reports, Raja Norazli alleged that the six, Maarof in particular, were involved in the purported appointment of the Yang Dipertuan Besar under Article 11 of the Negeri Sembilan State Constitution 1959 while a High Court injunction was still in force.
The case began on May 5, when the six filed an originating summons seeking the minutes of a special DKU meeting on April 17, at which a decision was recorded to remove Mubarak as Sungai Ujong undang. On June 5, the High Court granted an ad interim injunction preserving the status quo, including the DKU’s existing composition and Raja Norazli’s position as secretary, pending decisions on jurisdiction and justiciability. On July 8, High Court judge Roz Mawar Rozain found a prima facie case of contempt and ordered the six to answer the allegations, prompting their appeal and the bid for a stay.
In the judgment written by Justice Amarjeet, the court said the grant of leave was only a preliminary stage, and that the merits, including the claimed immunity of the ruling chief, would be decided at the substantive hearing. It said committal proceedings should be heard promptly to protect the authority of the courts. It also found that the six had not come to court with clean hands, as they had filed a separate judicial review in the Kuala Lumpur High Court without disclosing the injunction or the leave granted for the committal proceedings.
The six were represented by Asmawi Ismail and Nur Asnani Basharudin, while Steven Thiru, Shafrin Halim and Gurjeevan Singh Sachdev appeared for the DKU and Raja Norazli. Shafrin said the High Court has fixed Nov 17 for case management of the contempt proceedings before Justice Roz Mawar.
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