Sedition charge against Mahiaddin is repugnant to freedom of speech

Mahiaddin Yasin

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Lawyers for Liberty (LFL) refers to the sedition charge brought against former Prime Minister and opposition leader Mahiaddin Yasin for allegedly insulting the king.

The charge is based on a statement made by the opposition leader questioning the Agong’s exercise of constitutional power in the appointment of the prime minister after the last general election.

This is a clear failure of Pakatan Harapan and a betrayal of its previous promise to repeal the draconian Sedition Act. Have they forgotten how the late Karpal Singh was branded as “derhaka” [treasonous] for questioning the sultan of Perak in 2008? Or how PH itself was accused of disloyalty to the king for questioning the decision to call for an emergency in 2021?

It is not sedition to question or criticise the exercise of constitutional power by the king. In this country, the king is a constitutional monarch and not a feudal ruler. His exercise of his power can thus be debated, questioned or criticised. This is the very bedrock of our system of constitutional monarchy.

Those who have been agitating for Mahiaddin to be charged are tainting the very basic structure of our Constitution by importing into it feudalism.

Regrettably, PH and Umno politicians from the “Madani” [civil and compassionate] government have been at the forefront of this politically motivated campaign. Now that they hold federal power, they ruthlessly wield the same weapon they deemed oppressive when it was used against them.

Nothing has changed since then to justify the PH-led government’s continued use of the Sedition Act.

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This colonial-era legislation is an affront to democracy and the freedom of speech and expression under Article 10(1)(a) of the Federal Constitution. Its legislative history is replete with the suppression and oppression of dissenting voices to protect those in power. It essentially puts them [those in power] above reproach and criticism, making a mockery of the Constitution and the rule of law.

LFL urges the “unity government”, especially those from PH, to refrain from the use of the Sedition Act and take immediate steps to repeal it. The act must be put to rest and not be allowed to haunt our nation any longer. – LFL

Zaid Malek is director of Lawyers for Liberty.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.
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