[UPDATED] Negri Sembilan DKU files fresh contempt bid against MB, 16 others

KUALA LUMPUR: The Negri Sembilan Dewan Keadilan dan Undang (DKU) and its secretary Raja Norazli Raja Nordin have filed a fresh legal bid to initiate contempt of court proceedings against the state's menteri besar and 16 others.

The application, filed at the Seremban High Court on Oct 15, named Menteri Besar Datuk Ismail Lasim, 10 former state executive councillors and six people involved in an ongoing dispute over the state's royal institution.

The six others are three disputed Undangs — Datuk Mubarak Thahak, Datuk Maarof Mat Rashad and Datuk Abd Rahim Yasin — and serving Undang of Johol Datuk Muhammed Abdullah, Tunku Besar Tampin Tunku Syed Razman Tunku Syed Idrus Al-Qadri and Datuk Syahbandar Sungei Ujong Datuk Seri Badarudin Abdul Khalid.

According to court documents sighted by the New Straits Times, the applicants claimed that the 17 had breached or acted to undermine a High Court injunction issued on June 5 concerning the administration and affairs of the DKU.

The injunction restrained the plaintiffs in the suit from making or implementing decisions concerning the DKU or taking any steps that would alter its status quo as it stood before May 21.

However, the applicants alleged that the plaintiffs had continued to take steps to implement a purported proclamation dated April 19 concerning the position of the Yang di-Pertuan Besar of Negri Sembilan, despite the injunction remaining in force.

They cited a series of media statements and press conferences between Sept 5 and Oct 11, during which the plaintiffs allegedly maintained that the proclamation was valid and effective.

The applicants further alleged that Ismail and the 10 former exco members had knowingly taken steps to implement the proclamation, thereby frustrating the purpose of the court order.

Among the actions cited was a state executive council meeting on Sept 15, where a collective decision was allegedly made that Tuanku Muhriz Tuanku Munawir had been dethroned and Tunku Nadzaruddin Tuanku Ja'afar recognised as the state's 12th Yang di-Pertuan Besar.

The applicants claimed that the decision interfered with the DKU's administration and affairs, in breach of the June 5 injunction.

They also cited a letter dated Sept 17 from Ismail to the Keeper of the Rulers' Seal, which allegedly reiterated the executive council's decision and requested that the matter be brought to the attention of the Malay Rulers.

The application further referred to a purported decision by the state executive council on Sept 22 to suspend State Secretary Datuk Mohd Zafir Ibrahim and state legal adviser Datuk Muzalmah Mustapha Kamal with immediate effect.

The applicants claimed that the actions were taken despite Ismail and the former exco having been notified of the injunction through a letter issued by their solicitors on Sept 16.

They argued that individuals who were not parties to the original proceedings could nevertheless be held liable for contempt if they knowingly assisted in breaching an injunction or acted to frustrate its purpose.

The Court of Appeal had granted an interim stay on July 29 against earlier substantive committal proceedings involving the plaintiffs.

However, the applicants maintained that the stay did not affect the June 5 injunction, which remained in force.

The appellate court has fixed Nov 4 to deliver its decision on the stay application.