ARUN Kasi, who is the target of committal proceedings by Attorney-General Tommy Thomas, denied he had committed contempt but was only making “fair criticism” about the manner in which the Federal Court reached its decision in a particular case mentioned by justice Hamid Sultan Abu Backer in an affidavit.

“I am quite shocked. I maintain I have not committed any contempt. There is a difference between contempt and fair criticism,” he told The Malaysian Insight.

“Contempt brings down the bar, fair criticism raises the bar.”

Arun said he has yet to be served documents from today’s proceedings and can only say more after studying the court documents.

“However, I’ve always stood for truth and justice, without fear or favour. 

“I think every lawyer has to make a stand that way, and I will continue to make a stand, without fear or favour. I will face the challenges.”

The Federal Court today allowed a leave application by Thomas for contempt proceedings against Arun for scandalising the judiciary through articles on Hamid’s affidavit.

Senior federal counsel Amarjeet Singh told the court today that Arun had scandalised the court with two articles published by Aliran on the court’s decision to expunge a dissenting judgment by Hamid in the Leap Modulation Sdn Bhd v PCP Construction Sdn Bhd case.

The three-judge panel led by justice Ramly Ali unanimously granted leave for application and fixed March 13 for hearing. 

Arun had questioned the court for expunging Hamid’s ruling in a hearing on the Asian International Arbitration Centre’s (AIAC) application to intervene in the case and Hamid’s order for the Malaysian Anti-Corruption Commission (MACC) and police to investigate the AIAC.

Arun had previously lodged a complaint against the Federal Court’s decision with the MACC. 

Former AIAC chairman Sundra Rajoo lodged a police report last Friday against a sitting judge’s claims that implicated him in allegations of judicial misconduct.

The report was against Hamid’s affidavit, which alleged judicial bias and collusion with private parties to defraud the government.

Hamid filed a 65-page affidavit in support of an originating summons filed by lawyer Sangeet Kaur Deo.

Sangeet is seeking a declaration that the chief justice had failed to intervene in two cases of judicial interference, including the sedition case of her father, the late Karpal Singh.

Among Hamid’s claims in the affidavit were that top judges ensured that certain decisions were made in accordance with Putrajaya’s wishes and that judges colluded with private parties involved in government contracts to ensure they were not delivered in order to obtain hefty compensation.

The cabinet, in response, agreed to calls to set up a royal commission of inquiry. – February 27, 2019.