Can’t book Ibrahim Ali for bible-burning threat when he’s defending Islam, AGC says

Malay Mail

KUALA LUMPUR, Oct 27 — The Attorney-General’s Chambers (AGC) confirmed today it has closed its books on Datuk Ibrahim Ali, saying it cannot prosecute the Perkasa president for threatening to torch bibles as he was only defending the sanctity of Islam and had not meant to incite anyone to religious frenzy.

 

In a statement, the AGC also said Ibrahim’s remarks failed to qualify for action under the Sedition Act 1948 as it lacked a “seditious tendency”, the basic criterion needed for prosecution.

"Clearly, Datuk Ibrahim Ali had not intended to incite a religious commotion but only to defend the sanctity of Islam," the AGC said.

It stressed that Ibrahim’s statement had been made in the context of reports of Malay-language bibles being distributed at a secondary school in Penang.

"When looked at the context in its totality Datuk Ibrahim Ali's statement was not seditious," added the statement.

The public prosecutor said it could not press criminal charges against the former federal lawmaker as Ibrahim clearly had no intent to create any religious provocation.

"Element ls under Section 504 of the Penal Code cannot be fulfilled because Datuk Ibrahim Ali had no intention to insult or cause provocation, which could disturb the peace.

"There is also no offence under section 298 or 298A of the Penal Code because Datuk Ibrahim Ali was defending the sanctity of Islam," the statement said.

The AGC pointed out that the allegedly open distribution of Malay-language bibles at SMK Jelutong could "threaten" the faith of Muslim students who did not have a comprehensive understanding of their own faith in the event they were to read the said bibles which is allegedly written in Jawi.

"The Attorney-General has decided that it is not necessary for both cases to be brought to court," the statement said.

The AGC was forced to explain its stand after being hit with allegations of mounting lop-sided prosecutions against government dissenters while shielding others, more after a perceived crackdown on opposition politicians and youth activists using the controversial sedition law.

Earlier this month, de facto law minister Nancy Shukri had in a written reply to Bagan MP Lim Guan Eng, said that Ibrahim was not charged over his threat because the police had concluded that the latter was merely defending the sanctity of Islam, and had not intended to create religious chaos with his statement.

Nancy had said that the police’s probe had also found that Ibrahim’s statement was directed at individuals who had purportedly distributed bibles containing the word “Allah” to students, including Malays, at the Penang school.

This was roundly criticised by lawmakers and civil groups, and drew outraged response from the Christian Federation of Malaysia.

Following the backlash, Nancy deflected criticism by saying that the AGC had decided not to charge Ibrahim “after considering the outcome” of the police probe, and that the context of the latter’s speech was in line with the spirit of the Federal Constitution’s Article 11(4).

But the reply only drew further attacks, landing the minister in heated exchanges on Twitter, including with Umno leader, Datuk Saifuddin Abdullah, who also criticised Putrajaya’s stand on the matter.

Under fire from critics, the first-term minister repeatedly told Twitter users that she had “never defended” Ibrahim in her recent parliamentary reply, but was merely passing the message by government agencies on the actions taken against the outspoken Malay rights group leader.