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2009 MarsdenLR 198

FEDERAL COURT PUTRAJAYA
YAB DATO DR ZAMBRY ABD KADIR & ORS – Appellant
Versus
YB SIVAKUMAR VARATHARAJU NAIDU; ATTORNEY-GENERAL MALAYSIA (IN.... – Respondent


Petitioner Advocates:Firoz Hussein Ahmad Jamaluddin,Datuk Mohd Hafarizam Harun,Syed Faisal Syed Abdullah,Abu Bakar As Sidek Mohd Sidek,Cheng Mai,Badrul Hishah Abd Wahap,Mohd Reza Hassan,Shahir Ab Razak ,Respondent Advocate: Hj Sulaiman Abdullah,Philip Koh,Ranjit Singh,Chan Kok Keong,Razlan Hadri Zulkifli,Edmund Bon Tai Soon,Amer Hamzah,Leong Cheok Keng,Nga Hock Cheh,Hanipa Maidin

JUDGMENT

Augustine Paul FCJ:

[1] On 6 February 2009 YAB Dato' Dr. Zambry bin Abdul Kadir (the first applicant) was sworn in before His Royal Highness the Sultan of Perak as the Menteri Besar of Perak in place of YB Dato' Seri Mohammad Nizar Jamaluddin. On 10 February 2009 YB Encik Zainol Fadzli Paharuddin (the second applicant), YB Datuk Ramly Zahari (the third applicant), YB Puan Hamidah Osman (the fourth applicant), YB Datuk Saarani Mohammed (the fifth applicant), YB Encik Mohd Zahir Abdul Khalid (the sixth applicant) and YB Dr Mah Hang Soon (the seventh applicant) were sworn in before His Royal Highness the Sultan of Perak as State Executive Councillors of Perak.

[2] By a letter dated 11 February 2009, the Assemblyman from Taman Canning complained to the respondent, who is the Speaker of the State Legislative Assembly of Perak, that the applicants had committed acts of contempt of the State Legislative Assembly. The material parts of the letter read as follows:

Re: Contempt of our August Perak State Assembly by YB Dr Zambry Abdul Kadir, Zainol Fadzi Paharuddin, Ramly Zahari, Hamidah Osman, Saarani Mohamad, Mohd Zahir Abdul Khalid dan Dr Mah Hang Soon

1. I am under duty to complain ag

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