RK Nathan J:

Facts

The plaintiff is, and was a journalist and a free-lance writer. Initially, he was employed by Utusan Melayu newspapers when at one time he was its representative in London. As a founder member of the National Union of Journalists, he was made its first secretary and sat on its national committee. He then left Utusan Melayu and launched his daily newspaper, Harian Nasional and Mingguan Pertama. This was followed by a twice-weekly tabloid, Era Ekonomi. From a twice-monthly English-Malay tabloid Bulletin Langkawi he ventured into magazines such as Seri Dewi, Travel Adviser and Motor. In most cases he was the editor.

He named his publishing company as Pulau Legenda. In May 1998 Media Pulau Legenda published his book called "50 Dalil Mengapa Anwar Tidak Boleh Jadi PM" ("50 Dalil"). Taking advantage of the presence of Malay politicians in town in June 1998, he launched "50 Dalil" at the Putra World Trade Centre to coincide with the United Malay National Organisation's (UMNO's) General Assembly. "50 Dalil" became an instant hit.

On 7 June 1998 Dato' Seri Anwar Ibrahim issued a writ against the plaintiff and Media Pulau Legenda in the Kuala Lumpur High Court by way of Civil Suit No. S1-23-40-1998 and on the same day an ex parteinjunction was granted by Dato' Wira Haji Mohd Noor bin Haji Ahmad J (as he then was) restraining the plaintiff from "menulis, mengulangi, mencetak, menerbit, mengedarkan atau menyebabkan supaya ditulis, diulangi, dicetak, diterbit dan diedarkan perkataan-perkataan fitnah, gambar-gambar berserta perkataan-perkataan fitnah tersebut atau perkataan yang seumpamanya tentang dan berhubung dengan plaintif" (meaning Dato' Seri Anwar Ibrahim). The plaintiff has filed an appeal against that decision and the matter is pending before the Court of Appeal.

In PP v. Dato' Seri Anwar Ibrahim (No 3)[1999] 2 CLJ 215, the accused was charged with four counts of corrupt practices under s. 2(1) of the Emergency (Essential Powers) Ordinance No. 22 of 1970. The charges alleged that the accused, while being a member of the Administration, had unlawfully used his public position to his advantage, in that he had directed two senior police officers to obtain four written statements from Azizan Abu Bakar and Ummi Hafilda Ali denying their allegations of sexual misconduct and sodomy against him, and had by that saved himself from embarrassment and from criminal proceedings in contravention of s. 2(1) of the Ordinance. The accused was found guilty on all the four charges and sentenced accordingly.

The 1st defendant is a political party called Parti Islam Se Malaysia otherwise known from its Jawi acronym as "PAS" registered with the Registrar of Societies and formed on the basis of Islam with two objectives, namely, to struggle for the creation of a society and government embodying Islamic values and its principles towards achieving the blessing of Allah and to defend the sanctity of Islam and the independence and the sovereignty of the country.

It is enshrined in the 1st defendant's constitution that the said objectives are to be achieved through the following efforts, namely, to appeal upon all mankind to heed the Islamic religious laws of Allah and the Sunnah of the Prophet through preachings, be it orally, in writing or by practice, and to strive for Islam as a holy practice and as a religious law and to formulate it as a political and national guide as well as to introduce Islamic values in efforts to uphold justice and development in all fields including governance, administration, economics and social education. The defendant's appeals and struggles are channelled through a newsletter called Harakah. Whilst the 1st defendant is the proprietor and publisher, the 2nd defendant is its editor and the 3rd defendant is its printer and the 5th defendant was at all material times its English editor. Judgment in default of appearance had already been obtained against the 4th defendant, the writer of the article in q