Responding to Penang Chief Minister Lim Guan Eng’s claim of police double standard, he said Mashitah was investigated under Section 505b of the Penal Code for spreading rumours to cause public alarm.
"It is not an arrestable case as such she cannot be arrested. The YB's learned councils can advise him further on this.
"Therefore the question of double standard does not arise. Investigation will be commenced irrespective of race, gender etc," he said in a statement to Malaysiakini.
The Criminal Procedure Code states that an arrest can only be made under Section 505 with a warrant.
Lim had asked why police had arrested lawyer Eric Paulsen under the Sedition Act over a tweet questioning the Islamic Development Department (Jakim) but not Mashitah who claimed the Quran was burned in a Chinese ritual prayer.
Lim, who is also DAP secretary-general, questioned why Perkasa chief Ibrahim Ali was also not arrested for calling on the Bahasa Malaysia Bible to be burned.
Khalid said the Ibrahim matter has been explained at length by the attorney-general and need not be revisited.
"The YB must have missed it or chose to do so," he said.
AG decides
He said police can only investigate and the power to prosecute is with the attorney-general.
Likewise, police have turned in the investigation paper on Mashitah to the Attorney-General’s Chambers to decide whether or not to prosecute the matter.
Earlier Lim said that by failing to act on Mashitah and Ibrahim, the IGP was giving the impression that what the duo did was not unlawful.
“Clearly, there are double standards and abuse of power practiced by both BN and the IGP, when it involves those who support BN against Pakatan Rakyat,” he said.
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