©The Sun (Used by permission)
PETALING JAYA (April 4, 2007): Public comments about
the R. Subashini case, which is pending in the Federal Court, are not sub judice,
the Bar Council said today.
"This fear is unfounded, and the argument is without basis," its chairwoman,
Ambiga Sreenevasan, said in a statement.
She was commenting on the lodging of a report by Subashini's
Muslim–convert husband, Mohd Shafi Abdullah, against the Bar Council,
non–governmental organisations and several individuals for allegedly making
prejudicial and contemptuous comments against a March 13 Court of Appeal
decision.
In the 2–1 decision by the bench, Subashini, who wants to stop her husband from
dissolving their civil marriage and converting one of their children to Islam,
was told to seek recourse at the Syariah Appeal Court.
Mohd Shafi, formerly T. Saravanan, said among the allegations against him was
that he had embraced Islam to shirk his responsibilities under civil laws and
that the March 13 decision was unfair.
"The law of contempt and sub judice in this context is applicable mainly in
relation to a jury or where there are vulnerable witnesses who may be influenced
by public comments," Ambiga said.
"It certainly does not apply to judges and especially, as in this case, the
Federal Court judges who will consider points of law on the materials before
them, uninfluenced by extraneous matters and comments in the public domain."
She added that public comments on matters of public interest, particularly where
it involves constitutional guarantees, cannot be sub judice or contempt.