THE Federal Court today sentenced lawyer Arunachalam Kasi, better known as Arun Kasi, to 30 days’ jail and fined him RM40,000 after finding him guilty of contempt of court over his two statements criticising the proceedings and decision of a court case.

Justice Ramly Ali, who led a five-member panel, held that Arun’s contemptuous statements against the Federal Court were very 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.

“We (the panel) have also considered the Bar’s submission not to impose a custodial sentence. However, the gravity of the offence committed by Arun, coupled with his refusal to tender an unreserved apology, justifies this court taking a serious view of the matter.

“In the circumstances, we are of the view that the appropriate sentence is a term of imprisonment of 30 days from today and a fine of RM40,000 in default 30 days’ jail,” said Justice Ramly.

The panel – which also consisted of Federal Court Judges Azahar Mohamed, Rohana Yusuf, Tengku Maimun Tuan Mat and Nallini Pathmanathan – had dismissed Arun’s application for a stay of execution of the ruling. 

“We find there is no merit to stay the ruling. Stay is dismissed. Arun to serve his sentence today,” said Justice Ramly.

Joy Appukuttan, counsel for Arun, requested for a stay of execution, saying he will file the review application against today’s decision. Attorney-General Tommy Thomas argued that this was not a criminal case that needs to get a stay pending an appeal to the next stage.

Arun, who was standing outside the dock, also asked for a stay and informed the court that he is currently receiving treatment in a hospital and the doctor had given him permission to attend court proceedings and that he has to return to the hospital.

On February 27 this year, the Federal Court allowed the attorney-general’s ex-parte application for leave to initiate contempt proceedings against Arun for allegedly making criticisms in reference to an affidavit of Court of Appeal Judge Abdul Hamid Abu Backer on alleged judicial misconduct, in two articles published on the Aliran online portal on February 16 and February 22, 2019.

In both articles, Arun had allegedly criticised the conduct of the proceedings by the Federal Court and the decision that was delivered on November 11, 2018, in the case of PCP Construction vs Leap Modulation. – Bernama, April 23, 2019.