Wan Yahya J:

The application stems from a somewhat lurid and intriguing episode. On 13 September 1983 the 2nd defendant, Mr. Karpal Singh, an advocate and solicitor of the High Court Malaya, filed on behalf of the 1st defendant, Josephine Doris Nunis a suit in this Court against Datuk Seri Abdul Rahim Tamby Chik, who was at the relevant time, and is currently, holding the office of the Chief Minister of Malacca.

It was alleged inter alia in that suit that the said Datuk Seri had befriended the 1st defendant who was then employed as a waitress in a local hotel and that he had showered gifts on her. The 1st defendant claimed that as a result of the asseveration of marriage made by this person she had on various occasions rendered him sexual favours at several named places in Malacca, Kuala Lumpur and Port Dickson. She claimed that she had given up her job as waitress at his request and that as a result of his subsequent unreasonable conduct in breaking off their association she had suffered mental anguish and humiliation. That suit which was registered in the High Court Registry as Civil Suit No. 297/85 shall be hereinafter referred to as the `original writ'.

An account of this story, and in one particular case the entire allegations in the writ, appeared in the newspaper the following day. According to the plaintiff in the present case, the 2nd defendant had personally handed over unnumbered and unsealed copies of the writ to reporters who had in turn made copies of the writ and distributed them throughout the country. The plaintiff in the present suit (hereinafter referred to as the `libel suit') said that he is a member of the United Malays National Organisation (UMNO). He claims that he is suing on behalf of himself and all the other members of the Alai Branch in the Kota Melaka UMNO Division and alleges that the 2nd defendant whom he described as a bitter and unscrupulous rival party member had distributed the writ containing the allegation of adultery and its subsequent publication in the newspapers with the motive or malicious intention of defaming the State Government and the UMNO. He went on to particularise the allegation of derogation as follows:

(A) The plaintiff and UMNO members and officials are embarrassed in the mosques by PAS members and by the public as supporters of an adulterer;

(B) UMNO Wanita avoids UMNO male members as a group of sex maniacs;

(C) UMNO male members are prevented from attending UMNO meeting by their wives for fear of involving themselves in sex orgies;

(D) UMNO male members are prevented by their wives from associating with the Honourable Chief Minister;

(E) The DAP and PAS are holding ceramahs all over the country and Melaka repeating the statements of the defendants saying that they pity UMNO members for being followers of an adulterer;

(F) If repetition of the defendants' defamatory statement UMNO members are now being told by the members of the Public that UMNO has fallen to a woman;

(G) The people of Kampong Morton, Melaka who were promised to have their area developed but due to the economic recession the Melaka State Government could not implement the programme and because the Portuguese Settlement has RM2,000,000 development already carried out for the Portuguese Cultural Centre, the ordinary Malays are abusing the UMNO members that the Portuguese Settlement has got the said development because of the Chief Minister's alleged adultery with the 1st defendant;

(H) The centre in Melaka of all this abuse and defamation of UMNO members is in Restaurant ANDA, Jalan Hang Tuah, Melaka their recitation is from the 2nd defendant un-numbered and unsealed said statement of claim; and

(I) At the last Maulud Nabi at Kubu Stadium Melaka because of the defendant's aforesaid false and defamatory statements UMNO members were jeered by the pious worshippers of ALLAH.

The plaintiff claims that the publication of the contents of this writ had jointly and severally depicted both UMNO members and