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1975 MarsdenLR 421

ABDOOLCADER
RE KUMARAENDRAN AN ADVOCATE & SOLICITOR – Appellant
Versus
. – Respondent


Advocates:
Datuk SP Seenivasagam ( R Rasiah and Karpal Singh with him) for the advocate and Solicitor.
Wan Abdul Majid (Deputy Public Prosecutor) for the Public Prosecutor.

JUDGMENTBY: ABDOOLCADER J

(delivering oral judgment): I have called for and examined the record of these proceedings in the Sessions Court at Taiping in the exercise of my powers of criminal revision under section 323 of the Criminal Procedure Code for the purpose of satisfying myself as to the correctness, legality and propriety of the summary order of committal for contempt of court made by the learned president against K. Kumaraendran, an advocate and solicitor of the High Court in Malaya, who I shall hereinafter refer to as "the advocate".

This unfortunate episode arose in the course of a criminal case in which the advocate was defending an accused person charged with an offence under section 4 of the Corrosive and Explosive Substances and Offensive Weapons Ordinance, 1958, on March 17, 1975. In the record of these proceedings the learned president in the course of cross-examination of the second witness for the prosecution by the advocate made the following note:

" [The defence counsel was shouting and behaving in a manner which is

most unexpected as he keeps on shouting throughout the whole

proceedings, both to the witness and to the court.]"

The advocate th

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