COMMENT | The lawyer for Najib Abdul Razak, Shafee Abdullah, was alleged to have said that a court decision on Najib's house arrest had curtailed the powers of the Malay rulers and governors in pardon applications.

The alleged statement duly triggered Bukit Gelugor MP Ramkarpal Singh to ask Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said in Parliament whether the Attorney-General's Chambers (AGC) had any intention of initiating contempt proceedings against the said microphone-friendly lawyer.

Azalina told the Dewan Rakyat that, based on input received by the AGC, the latter is still reviewing issues related to contempt of court proceedings against Shafee.

A contempt of court is essentially an exception to the freedom of speech and expression duly guaranteed under Article 10(1)(a) of the Federal Constitution and under Article 19 of the Universal Declaration of Human Rights (UDHR).

The usual mantra frequently invoked by the court in justifying the law on contempt of court is a balance that must be struck between the right to freedom of speech and the need to protect the interests of the judicial system, hence maintaining public confidence in the judiciary.

The law of contempt of court is premised on...