| Recently, the attorney-general moved contempt proceedings against a lawyer for scandalising the Federal Court.
However, it is time that there is legislative intervention by the government to give a statutory basis to the common law powers of the courts to punish for contempt. The Indian Supreme Court in the case of Brahma Prakash Sharma and others vs the state of Uttar Pradesh, in dealing with the contempt of scandalising the court in the context of certain Bar resolutions, refused to restrict the right of the Bar to discuss the conduct of judges, and found there was no contempt of court.
In Sheela Barse's case, the apex court in very strong language said:"The concept of public accountability of the judicial system is, indeed, a matter of vital public-concern for debate and evaluation at a different plane. "The court must avoid confusion between personal protection of a libelled judge and prevention of obstruction of public justice and the community's confidence in that great process."Here, although Parliament has the right by law to impose restrictions on freedom of speech, no written law as such has been passed to deal with contempt of court.
"There must be fairness of state action of any sort, legislative, executive or judicial. No one is above the law. In a similar vein, the Federal Court in Dewan Undangan Negeri Kelantan and anor vs Nordin Salleh and anor, rightly held that:"In testing the validity of state action with regard to fundamental rights, what a court must consider is whether it directly affects the fundamental rights or its inevitable effect or consequence on the fundamental rights is such that it makes their exercise ineffective or illusory.
The judge said:"It is said... that they suggest a want of impartiality, but we do not find that in them, and I am not prepared to accede to the proposition that an imputation of want of impartiality to a judge is necessarily a contempt of court. In the case of MacLeod vs St Aubyn, the judge observed that:"Committals for contempt by scandalising the court itself have become obsolete in this country.
“Federal Court were serious and tarnished the good name of the judiciary as a whole, undermined the public confidence in the judiciary, and ridiculed, scandalised and offended the dignity, integrity and impartiality of the court.'
Yes, very relevant.
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Is contempt of scandalising the court still relevant?LETTER | It is arguable whether this form of contempt is still in existence, or whether it has become obsolete. AG and the Judiciary are correct in taking action against Arun Kasi for using social media methods to question Court’s decision. That aside, when are the AG and PDRM going to charge the fellow who uploaded clips of Najib Razak’s trial into the social media?
Source: malaysiakini - 🏆 20. / 51 Read more »
Yoursay: A whiff of old Malaysia in contempt of court sentenceYOURSAY | ‘Even if the conviction (of Arun Kasi) was justified, the sentence is manifestly excessive.’ Fact is, in old Malaysia, militias and death squads could force the AG and the Judiciary to make decisions in favour of Najib Razak's gang of criminals. Look at what happened in the slapping case involving a schoolboy in Seremban. Federal Court were serious and tarnished the good name of the judiciary offended the dignity, integrity and impartiality of the court.' This is purely “act of dictatorship” to silence the aspiration of legal practices of justice !!! Of common laws !!!
Source: malaysiakini - 🏆 20. / 51 Read more »
Apex court finds lawyer Arun Kasi guilty of contemptThis is over his statements made online pertaining to a case judgment.
Source: malaysiakini - 🏆 20. / 51 Read more »
Court finds lawyer Arun guilty of contempt over articlesFederal Court says AG Tommy Thomas proved his case beyond reasonable doubt against the lawyer.
Source: fmtoday - 🏆 5. / 72 Read more »
Apex court jails lawyer Arun Kasi for contemptThis is over his statements made online pertaining to a case judgment. He deserved that. After all the judge has all the right to decide and we have to accept the ruling.
Source: malaysiakini - 🏆 20. / 51 Read more »
Lawyer Arun jailed 30 days, fined RM40,000 for contempt of courtHe says he regrets his action but refuses to apologise to the court. regret but not really regret?
Source: fmtoday - 🏆 5. / 72 Read more »
30 day’s jail, RM40,000 fine for lawyer Arun Kasi over contempt of court | Malay MailKUALA LUMPUR, April 23 — Lawyer Arun Kasi has been sentenced to a 30-day jail term after he committed contempt of court for making disrespectful remarks online regarding a court judgment, reported Malaysiakini today. A fine of RM40,000 was also imposed on the lawyer by the Federal Court. The news...
Source: malaymail - 🏆 1. / 86 Read more »
Arun Kasi gets 30 days’ jail, RM40,000 fine for contempt of court | The Malaysian InsightFederal Court views lawyer’s criticisms against court proceedings as tarnishing the good name of judiciary.
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Lawyer Arun Kasi gets 30 days' jail, RM40,000 fine for contempt of courtPUTRAJAYA (Bernama): The Federal Court on Tuesday (April 23) sentenced lawyer Arunachalam Kasi, better known as Arun Kasi, to 30 days' jail and fined RM40,000 after finding him guilty of contempt of court over his two statements criticising the proceedings and decision of a court case.
Source: staronline - 🏆 4. / 75 Read more »
Lawyer Arun Kasi gets 30 days' jail for contemptThe apex court also dismisses his application for a stay of execution of the ruling. 🤣 bertabah lah. Masalah kau arun, kau fail Bm. Hahhaah. Go to jail. End of story
Source: malaysiakini - 🏆 20. / 51 Read more »