Federal Court decision against Arun Kasi disappointing, say lawyers

Ragananthini Vethasalam

Arun Kasi was sentenced to 30 days’ jail and fined RM40,000 for contempt over his two statements criticising the proceedings and decision of a Federal Court. – Pic courtesy of Arun Kasi, April 23, 2019.

EXCESSIVE, unprecedented and unnecessary.

This was how the legal fraternity described the custodial sentence dished out by the Federal Court on lawyer Arunachalam Kasi after finding him guilty of contempt.

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  • As a layman it is my opinion that expunging a dissenting judgment is a VERY SERIOUS MATTER. It amounts to the judges who expunged the said judgment wanting to keep something smelly under the carpet. If the dissenting judgment had no merits, just let it stand and let the dissenting judge be ridiculed. But removing it from the record (expunging it), the objective seems to be to prevent that dissenting judgment being used in future court cases since dissenting judgments have also been used as 'authority'. It is akin to destruction of evidence.

    And why can't judges be criticised? I was issued a road traffic summons for a non-existent offence as I did not want to "settle" on the spot. I pleaded not guilty in court and the judge at the Magistrate's Court in Kuala Kubu Bharu, Hulu Selangor, imposed a bail of RM5,000. Such traffic offences carry a maximum penalty of RM2,000, but the bail was 250% of that. In the first place, no bail should be imposed for traffic offences. This rule on bail was disregarded by the judge. Secondly, he went far beyond his powers and set bail at 250% of the maximum penalty for the offence, if proven guilty. Now, tell me if I cannot complain about this?

    Maximum fine RM2,000, but bail at a punitive RM5,000! | The ...
    Sep 4, 2017 - Maximum fine RM2,000, but bail at a punitive RM5,000! .... Ravinder Singh reads The Malaysian Insight.

    Posted 3 years ago by Ravinder Singh

  • A panel of 6 prominent judges made the decision. What is there to argue anymore? In a football match a single referee makes a decision and a player can be sent out and the hopes of a whole nation is destroyed. In this case, he could have apologised to escape the jail sentence.

    Posted 3 years ago by Citizen Pencen