Hours after his release, Karpal was re-arrested on his way back to Penang. The Karpal case in 1988 had larger repercussions, being one in a series of incidents that fuelled a mounting showdown between Mahathir and the judiciary. A week after the court ordered Karpal's release, the government amended the constitution in order to rein in the judiciary's power. The amendments effectively undermined judges' power to review and interpret legislation passed in Parliament. The face-off between the Executive and the Judiciary reached a climax with the dismissal of Malaysia's top judge and the suspension of five Supreme Court judges later that year.
Analysts say the event severely dented the independence of the judiciary in Malaysia.
At the time, Mahathir said the amendments were needed because ''the courts have decided that in enforcing the law, they are bound by their interpretations and not by the reasons for which Parliament formulated these laws. That is why Lutpi and Fadzullah's rare legal challenge to the government is crucial. In seeking a second release order, Lutpi and Fadzlullah argued that their December re-arrest amounts to contempt of court. Their joint application was supported by an affidavit by Lutpi's wife, Hafsah Hussin. There, she says the re-arrest is a serious contempt of court as both applicants had been lawfully released by the High Court.