Peguam Negara Malaysia
v. MKINI Dotcom Sdn Bhd & Anor
446
[2021] 2 MLRA
impugned comments which were calculated to implicate the Judiciary as a
whole, and which also include the Chief Justice of the Federal Court, this
court has no hesitation in holding that it is the correct and appropriate forum
to hear the AG’s application. This court in fact is duty-bound to deal with such
scurrilous attack in order to uphold the image, integrity and public confidence
in the Judiciary.
[13] The next procedural non-compliance raised was in relation to the naming
of the 2nd respondent. In this Application the AG named the 2nd respondent
as “Ketua Editor, Malaysiakini” which was argued as a failure to name the
alleged contemnor in his name, as there is no such position in Malaysiakini.
Instead, what it has is “Editor-in-Chief ”, a position held by one Steven Gan.
In our view, this non-compliance was a curable technicality. This court took
the same position in Malayan Banking Berhad v. Chairman Sarawak Housing
Developers’ Association [2014] 4 MLRA 493. We agree with that decision that so
long as the party and the capacity in which he is being sued is identifiable, such
error does not cause injustice, hence not fatal to the case. Having dismissed
encl 22, we then proceeded to hear the application in encl 19.
The Applicable Laws On Contempt Of Court
[14] Before deliberating on encl 19, this would be a suitable juncture to briefly
state the applicable law on the subject of contempt. Power to punish for contempt
flows from ‘raison d’etre’ for a court of law to uphold the administration of
justice. All courts are empowered to punish for contempt committed when
the courts are in session. The superior courts are empowered to punish any
contempt of itself as provided in art 126 of the Federal Constitution read
with s 13 of the Courts of Judicature Act 1964. Article 126 of the Federal
Constitution provides specifically for the power to punish for contempt when
it states:
“Power to punish for contempt
126. The Federal Court, the Court of Appeal or a High Court shall have
power to punish any contempt of itself.”
[15] As Malaysia does not have any specific legislation to regulate on contempt
of court, regard has to be made to the English common law principle by virtue
of s 3 of the Civil Law Act 1956. It was elucidated in R v. Gray [1900] 2 QB 36,
the term ‘contempt of court’ has always been referred to as:
“... Any act done or writing published calculated to bring a court or a
judge of the court into contempt, or to lower his authority, is a contempt
of court. That is one case of contempt. Further, any act done or writing
published calculated to obstruct or interfere with the due course of justice
or the lawful process of the courts is a contempt of court. The former
class belongs to the category which Lord Hardwicke LC characterised as
scandalising a court or a judge.”
[Emphasis Added]