The High Court in Kuala Lumpur has dismissed Umno Youth deputy chief Khairul Azwan Harun's application seeking leave to initiate contempt proceedings against PKR vice-president Rafizi Ramli.

The ex-parte application was with regard to a blog post by Rafizi on May 3 which touched on the Majlis Amanah Rakyat (Mara) property purchase issue in Australia, and subsequently challenged Umno Youth chief Khairy Jamaluddin or Khairul to a debate on the matter.

This was in the midst of a defamation suit filed against Rafizi by Khairul on the same issue.

In the application, it was argued that the article, which was published by Rafizi a few hours after the trial for the defamation suit adjourned on the same day, dealt with issues pending in court.

The application further argued that as such, it is a breach of the sub judice rule and is in contempt of court.

However, in his decision, Justice S Nantha Balan dismissed the application as he did not see any "real and substantial attack on the judiciary or judicial process or on the person of the judge".

"Based on the material placed before me, I find that the plaintiff (Rafizi) has not crossed the minimum threshold for leave for committal," the judge ruled.

He also said the law of contempt cannot be used to curtail public discussions on matters of public interest, even if those issues are already the subject of court action.

"I should add that on the facts of this case, the public interest element outweighs any argument on sub judice as debates on important public interest issues should not be stifled or readily sacrificed on the altar of sub judice," he explained.

Khairul had previously filed a defamation suit against Rafizi, claiming that the PKR lawmaker had uttered slanderous and false statements against him in a press conference which were then published by online news portals.

The Umno Youth leader added that the statements had alleged his involvement in the purchase and business dealings of the 746 Swanston Street property by Thrushcross Land Holdings Limited, a company owned by Mara Inc which allegedly experienced leakages of RM63 million.

Rafizi's statements, he argued, had painted him as corrupt, dishonest and acting in his own financial interest.