Malay Mail
KUALA
LUMPUR, Aug 20 ― The Malaysian Bar demanded today for authorities to
withdraw action under the Sedition Act against a teenager in Penang and a
PKR lawmaker, arguing that Putrajaya's plan to repeal the law proves it
is obsolete.
Bar
Council president Christopher Leong said the continued use of the
colonial era law in the investigation against the teenager who was
accused of “liking” a pro-Israel Facebook page, and N. Surendran for
criticising a court decision, is an embarrassment to the current
administration as it effectively undermines Prime Minister Datuk Seri
Najib Razak's 2012 pledge.
“It
places the government in an invidious position of being seriously
questioned as to its sincerity in pursuing transformation and greater
civil liberties through legislative reforms,” the lawyer said.
“The
Malaysian Bar strongly urges the authorities to stop the probe with
respect to the 17-year-old student and to withdraw the charge against N.
Surendran.
“We
urge them to respect the freedom of speech and assembly as enshrined in
the Federal Constitution, and to resist the temptation to resort to
archaic and oppressive legislation,” Leong added.
He
said the continued existence of the Sedition Act “warps” the thinking
of the authorities when dealing with issues affecting society.
“They have a penchant to resort to the Sedition Act almost as an unthinking and knee-jerk reaction,” he said.
The
youth in Penang is currently under investigation after his alleged
Facebook “like” hit the social media network and sparked an uproar.
Earlier today, it was reported that the two teachers who provoked the
attacks against the youth have since apologised to the boy and his
parents.
Surendran,
who is PKR's MP for Padang Serai, was hauled to court yesterday to face
a charge under the Sedition Act for purportedly criticising a Court of
Appeal's ruling on Datuk Seri Anwar Ibrahim's Sodomy II case.
He
was accused of committing the offence in a news release titled “Court
of Appeal's Fitnah 2 Written Judgement is Flawed, Defensive &
Insupportable”, that was issued to news portal Malaysiakini on April 18
this year.
But
Leong point out that any court judgment that has been pronounced and
published in public is subject to examination, discussion, debate and
dissent.
“This
is an intrinsic and important aspect of our justice system, and serves
in the development of our juridical thought and as a check-and-balance
of our administration of justice,” he said.
He
repeated the Malaysian Bar's call for the abolition of the Sedition
Act, saying it has no place in a nation that aspires to be a modern,
democratic society.
The law, he added, should be relegated to the “dustbin of history”.
In
2012, Najib pledged to repeal the Sedition Act as part of the
government's reforms to afford Malaysians greater civil liberties.
Putrajaya subsequently tasked the National Unity Consultative Council (NUCC) to draw up laws to replace the colonial era law.
In
June this year, the NUCC unveiled three draft bills ― Racial and
Religious Hate Crimes Bill, National Harmony and Reconciliation Bill and
National Harmony and Reconciliation Commission Bill ― that it is
proposing to take the place of the law it described as a leftover from
British colonial rule.
But
the council has met with increasing resistance over its proposals,
which critics — mainly from the Malay-Muslim community — allege would
undermine Bumiputera special privileges.
Tun
Dr Mahathir Mohamad has also criticised the move to repeal the Act,
arguing recently that this could lead to chaos in the country by opening
the floodgates of attacks against the Malay rulers and turn Malaysia
into a republic.
The
former prime minister also reminded the government that it has already
given up the Internal Security Act (ISA), another previously criticised
security law, and would be left with nothing to muzzle the detractors of
the Malay royalty if it also surrenders the Sedition Act.
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