PUTRAJAYA: An arbitrator, who was sentenced to 12 months' jail four years ago for contempt of court, will hear his appeal against the offence on May 17.
Hardial Singh Sekhon was sentenced in April 2000 after he started an election petition without leave of the court.
The three-man bench comprising Court of Appeal judges Justices Richard Malanjum, Mohd Ghazali Mohd Yusoff and Hashim Mohd Yusoff postponed yesterdays proceedings after Hardial Singh informed the court that he had not received any documents from the High Court to proceed with the appeal.
The appellate judges, who ordered him to file his petition of appeal within 14 days, said they would instruct the High Court to provide him with all relevant documents.
Earlier, Deputy Public Prosecutor Umi Khaltum Abdul Majid raised an objection, saying that Hardial Singh had yet to file a petition of appeal at the appellate court even though he had filed an appeal notice on March 30, 2001.
Hardial Singh had started the petition against Tun Dr Mahathir Mohamad, claiming that the then prime minister had conspired with Chief Justice Tan Sri Wan Adnan Ismail in committing an offence under the Election Act.
He claimed that Dr Mahathir had refused to give a direction to Justice Datuk Faiza Thamby Chik in a case where the judge had declared him (Hardial Singh) a bankrupt.
As a result, Hardial Singh claimed, he could not be a candidate in the Kubang Pasu parliamentary constituency against Dr Mahathir in the 1995 elections.
The Shah Alam High Court had sentenced Hardial Singh on April 17, 2000, saying the arbitrator, by his action, had contravened a High Court order made in 1990 by Justice Mahadev Shanker which prohibited him from instituting any legal proceedings in any court without leave from a judge.
Justice Low Hop Bing described Hardial Singh as a vexatious litigant who would stop at nothing to start proceedings although prohibited by Justice Shanker.
The High Court judge also dismissed the election petition with costs, saying the whole application was null and void since no leave had been granted.
Hardial Singh said he had started the election petition without leave because he believed none was required.