In a unanimous decision, a five-member Federal Court panel dismissed lawyer Arun Kasi's application to challenge Attorney-General Tommy Thomas' bid to cite him for contempt of court.
"On the contention of the respondent's application that the AG acted ultra vires and lacked locus standi to institute this ex-parte application, we are not persuaded this is the correct position in law having regard to the wealth of authority available locally and in the Commonwealth," said Justice Ramly Ali, who headed the panel, after hearing the submissions from both parties.
The other judges were P Nallini, Rohana Yusug, Azahar Mohamed and Tengku Maimun Tuan Mat.
Ramly said the panel was also of the view that the AG had sought to safeguard public confidence in the administration of justice in view of statements which undermined this confidence.
The court fixed March 28 for the contempt charge against Arun to be heard by the same bench.
Arun was represented by Haniff Khatri Abdulla.
Thomas initiated the move following Arun's remarks concerning the 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.
In the application, senior federal counsel Amarjeet Singh said Arun's remarks had scandalised judges and the court.
Amarjeet cited two articles written by Arun, published in an NGO's website, criticising the Federal Court for expunging Hamid's judgment.
On Feb 27, the apex court had granted leave to Thomas' application which prompted Arun to challenge the application. - Mkini
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