Umno supreme council member Mohd Puad Zarkashi is seeking to quash the interim prohibitory order against him obtained by Prime Minister Muhyiddin Yassin.
The party veteran filed an application last Friday to set aside the order issued by the Kuala Lumpur High Court on March 1.
Muhyiddin, who is suing in his personal capacity, obtained the 21-day interim prohibitory order for Puad to remove a Facebook posting which is the subject matter of the suit.
The 21-day order is in relation to Muhyiddin’s main defamation suit against Puad.
It was previously reported that Muhyiddin issued a letter of demand against Puad in relation to the latter’s Facebook post alleging double standards in Covid-19 procedures. The Facebook post was uploaded on Feb 9.
On March 1, the 21-day interim prohibitory order issued was an ex-parte one, whereby only the plaintiff’s legal team was present when submitting in court.
Following the issuance of the order, Puad on March 4 was reported saying that he was in the process of complying with the court order.
According to a copy of the setting-aside application sighted by Malaysiakini, Puad claimed that Muhyiddin did not have any basis in law and fact to be granted the interim prohibitory order.
“There was no full and frank disclosure by the plaintiff in obtaining the ex-parte injunction order dated March 1, 2021.
“The injunction order is vague, ambiguous and oppressive,” Puad alleged.
The defendant also contended that damages would be sufficient for the plaintiff (if the plaintiff wins the defamation suit in the future).
When contacted by Malaysiakini today, Puad’s counsel Shahrul Fazli Kamarulzaman confirmed that the Umno man filed the application on Friday last week.
The lawyer added that his client’s current application is separate from the one fixed for hearing before the Kuala Lumpur High Court this Friday.
On March 12, judge Mohd Firuz Jaffril is scheduled to hear Muhyiddin’s inter-partes (where both plaintiff and defendant’s legal teams are to submit before the court) application for an injunction against Puad in relation to the FB post.
Under the law, the present and active ex-parte order will only expire on March 21, unless it is replaced by an inter-partes order granted by the court.
“We have also served copies of our client’s setting-aside application on the plaintiff’s legal team,” Shahrul said.
Malaysiakini is reaching out to Muhyiddin’s legal team over the matter. - Mkini
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