Lawyers want all sedition cases frozen pending constitutional review

Malay Mail
by ZURAIRI AR

KUALA LUMPUR, Nov 5 — Several lawyers urged the Attorney-General (AG) today to put all ongoing sedition cases on hold pending the Federal Court’s constitutional review of the colonial-era law.

 

Lawyers representing Universiti Malaya law lecturer Dr Azmi Sharom, whose application for review was transferred by the High Court to the apex court today, noted that there are already many others facing sedition charges who have filed or are filing applications for a stay of their cases until the review is disposed of.

“It would be best if all cases under the Sedition Act which are currently pending also be stayed, pending the outcome of the Federal Court in this reference.

“So I hope the honourable Attorney-General will consider our request,” lawyer Gobind Singh Deo told reporters outside the High Court here.

Last month, a Kajang Sessions Court postponed hearing the sedition case of Abdullah Zaik Abd Rahman, the president of Islamist group Ikatan Muslimin Malaysia (Isma).

A deputy public prosecutor had agreed to the stay, prompting anti-Sedition Act lawyers and activists to call for a moratorium by the Attorney-General’s Chambers.

Lawyer Eric Paulsen, who was part of Gobind’s team today, said he welcomed the decision of High Court judge Kamardin Hashim to refer Azmi’s challenge to the Federal Court, as the Sedition Act has been “put into a serious question”.

“Since the Sedition Act has been used in widespread and indiscriminate manner, I think it will only be fair and just to everyone involved for a moratorium be imposed on the further use of the Sedition Act

“And also for all proceedings to be stayed until a decision is made in the Federal Court,” said Paulsen, who is part of the Lawyers for Liberty group.

Justice Kamardin told a High Court hearing today that he is invoking Sections 84 and 85 of the Courts of Judicature Act 1964 to refer the case to the nation’s apex court.

The High Court also ruled today that all proceedings in Azmi’s case in the Sessions Court has now been stayed pending the decision of the Federal Court.

The Federal Court will now hear whether Section 4(1) is inconsistent with Article 10(2) of the Constitution, which allows only Parliament to impose legal restrictions on the right of freedom of speech conferred under Article 10.

The court will also hear whether the Sedition Act itself is valid and constitutional.

Azmi was the first academic to be charged following a string of cases over recent month where at least 20 anti-government dissidents, opposition politicians and a journalist booked in the space of one month.