Press Release – 1 November 2024

We refer to the news report that lawyer Rafique Rashid Ali is being investigated under the Sedition Act 1948 for a speech he made at the Save Malaysia ‘People’s Court Punish Anwar’ rally in Perak on July 27th.

It is appalling that the Anwar Ibrahim government continues to wield the Sedition Act against its critics, activists or opponents. It seems that now no one can criticise the Prime Minister. This is governance a’ la North Korea.

This same draconian act was once repeatedly condemned by the Prime Minister and other leading members of PH, many of whom are now in cabinet. They all vowed to repeal it once they are in power. The late Karpal Singh was a staunch opponent of the Sedition Act; he must be turning in his grave now. Today’s DAP has become a supporter and upholder of sedition laws.

It is an act of supreme betrayal that PH, the backbone of Madani government, has entirely abandoned this promise and any previously held principles against the use of the Sedition Act against political opponents and government critics.

Its continued usage, targeted to political opponents and critics, exemplifies this government’s failure to uphold the fundamental liberties guaranteed under the Federal Constitution. They have slipped comfortably into authoritarianism.

The unjust nature of Sedition Act stems from its negation of the freedom of speech under Article 10(1)(a) of the Federal Constitution. It makes mockery of democracy to criminalise criticism of the government.

We note that increasingly, criticism directed to Anwar himself triggers sedition or CMA 1998 probes. Where is the great democrat and reformist we were promised?

We remind the government that it has a duty to safeguard and uphold the Federal Constitution. Freedom of speech, being a right protected under the Constitution, cannot be violated for the purpose of quelling dissent. There is no justification for the Sedition Act, an oppressive colonial law, to remain within our legal system.

The government therefore must take immediate steps to repeal the Sedition Act. As long as it continues to exist, the government cannot with any moral or legal authority claim that it respects the right to freedom of speech. Simply declaring that the government allows criticism against it is meaningless if the rakyat lives in perpetual fear of being slapped with a sedition charge for doing so.

We demand that the criminal probes against Rafique Rashid for criticising PM Anwar Ibrahim be dropped immediately. The probes are unlawful, unconstitutional and a blatant abuse of power.

Issued by:

Zaid Malek

Director

Lawyers for Liberty

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Source : Lawyersforliberty