It would create the perception of public discourse being stifled, says Bar president Abdul Fareed Abdul Gafoor.
The Malaysian Bar has expressed its concern over the Federal Court’s decision to convict the lawyer Arun Kasi for contempt of court.
Fareed added that the court’s power to punish contempt should only be used sparingly, and should not result in imprisonment, save for"the most serious cases imaginable." Fareed also noted that the court of England and Wales had already abolished the offence of “scandalising the court” for this reason.against Arun beginning today, after the lawyer failed to secure a stay on the sentencing pending an appeal. He was also slapped with a RM40,000 fine.
Arun was accused of making contemptuous statements online, in relation to the Federal Court's decision to expunge a dissenting judgment by Court of Appeal judge Hamid Sultan Abu Backer in the case of Leap Modulation Sdn Bhd vs PCP Construction Sdn Bhd.Fareed said in his statement that the law of contempt should be balanced against the freedom of speech enshrined under Article 10 of the Federal Constitution.
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