KUALA LUMPUR: The High Court has dismissed the Attorney-General’s Chambers’ (AGC) committal application against former UMNO Information chief Isham Jalil over his public statements on Datuk Seri Najib Tun Razak’s 1MDB cases.
Justice K. Muniandy ruled that Isham’s remarks did not pose a real risk to public confidence in the judiciary, failing to meet the legal threshold for contempt of court.
Justice Muniandy stated, “The vague allegation that the respondent scandalised the judiciary through the impugned statements, when seen in light of the facts and context of the publication, does not disclose a real risk of undermining public confidence in the administration of justice.”
He added that the cases in question had already been decided, reducing the potential impact of Isham’s comments.
The judge emphasised that contempt laws exist to protect public interest, not judges’ personal dignity. “With the advent of social media, criticisms against a judge and his decision are commonplace,“ he noted.
Justice Muniandy stressed judicial resilience, stating, “Our duty demands that we adjudicate cases with absolute independence, unwavering impartiality and unassailable integrity.”
While upholding free speech, the judge clarified that criticism must not obstruct justice. “The power of contempt of court is a necessary tool to prevent genuine obstruction or subversion of justice,“ he said, adding that it should not suppress critical opinions unless they directly threaten judicial integrity.
The AGC had sought action over Isham’s remarks during a September 2023 interview, later published on The Malaya Post’s Facebook page. The AG argued his statements questioned the recusal process involving Justice Datuk Collin Lawrence Sequerah, potentially eroding trust in the judiciary.
Deputy public prosecutors Mohamad Mustaffa P Kunyalam and Nadia Mohd Izhar represented the AGC, while Isham was defended by Tan Sri Azhar Azizan Harun.
