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2009 MarsdenLR 2114

COURT OF APPEAL , PUTRAJAYA
HARDIAL SINGH SEKHON – Appellant
Versus
PP – Respondent


JUDGMENT

Gopal Sri Ram JCA:

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[1] The appellant is a declared and gazetted vexatious litigant. He brought an election petition against the former Prime Minister and others claiming relief. The appellant did not obtain leave to bring the petition. Hence the petition was obviously unsustainable and was dismissed out of hand. The trial judge however went on to frame a charge of contempt against the appellant for his breach of the order declaring him a vexatious litigant in that he brought the proceedings in question without obtaining leave of court.

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[2] There was material before the learned judge that the appellant had on previous occasions committed a breach of the order declaring him a vexatious litigant by bringing proceedings without leave of court. After conducting a hearing that scrupulously complied with all the elements of procedural fairness the learned judge found the appellant guilty and sentenced him to 12 months imprisonment. The appellant appealed against the sentence imposed.

[3] After having heard the appellant and the learned deputy in reply, we came to the conclusion that the term of imprisonment imposed was excessive having regard to the nature of the contempt committed

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