Abdul Hamid Omar CJ:

His Royal Highness the Sultan of Selangor has sought to strike out the originating summons issued at the instance of Mr. Karpal Singh, the plaintiff, under O. 18 r. 19 of the Rules of the High Court 1980, and/or the inherent jurisdiction of the Court.

By his originating summons Mr. Karpal Singh seeks determination of this Court and a declaration to the effect that the public statement allegedly made by the Sultan on 26 July 1987 and reported in the New Straits Times and The star newspapers of the next day, that he would not pardon anyone who has been sentenced to the mandatory death sentence for drug trafficking in the State of Selangor, is in violation of Article 42 of the Federal Constitution (hereafter called `the Constitution') in that the Sultan can only reject a petition for clemency after considering the advice of the Selangor pardons board and then applying his mind to the petition before him.

In support, Mr. Karpal Singh relies entirely on the press reports as regards the statements attributed to the Sultan allegedly made at the opening of the general meeting of the ex-servicemen's association, Selangor branch. Photostatic copies of the press