Hashim Yeop Sani SCJ:

[1] The Attorney-General Malaysia applied by way of notice of motion dated 11 July 1988 to set aside an ex-parte order dated 2 July 1988 restraining the tribunal appointed under art 125(3) of the Federal Constitution from submitting any recommendations, report or advice respecting the enquiry into the representation concerning Tun Dato' Haji Mohamed Salleh bin Abas to His majesty the Yang di-Pertuan Agong until further order. In the Notice of Motion the grounds relied on for the application were-

(1) that the Supreme Court had no jurisdiction to make the aforesaid order by reason of the fact that the Court sat without the direction of the Chief Justice Malaya, who was then and still is exercising the powers of the Lord President, as required by s 39(1) of the Courts of Judicature Act 1964; and/or

(2) the making of the aforesaid order was wrong in law in any event in the circumstances of the case.

[2] At the outset of the hearing of the notice of motion, the learned Attorney-General informed the Court that in view of the fact that there is an originating summons in the High Court asking for a declaration on the interpretation of ss 38 and 39 of the Courts o