JUDGMENT

Mohd Hishamudin Yunus J:

[1] The inter parte summons in chambers at encl. 11 is an application by the defendants to set aside an ex parte injunction order obtained by the plaintiff on 21 October 2004.

[2] The ex parte injunction order applied for by the plaintiff and granted by this court is that the defendants are restrained from obstructing or causing obstruction, in any possible way, to the plaintiff or its officers or servants from performing their duties as doctors in treating the defendants' baby in a safe manner especially the administering of blood transfusion to the baby whenever deemed necessary.

[3] The defendants, by reason of their religious beliefs as Jehovah Witnesses, opposed the administering of blood transfusion to their baby citing, among others, their constitutional right to practise their religion as guaranteed by arts. 3 and 11 of the Federal Constitution .

[4] I have allowed the defendants' application to set aside the ex parte order with costs. I have also ordered that damages, if any suffered, be assessed by the registrar.

[5] My grounds are as follows.

[6] The first and second defendants were husband and wife. They were also followers of a sect of Chris