Challenge to sedition law to proceed despite Putrajaya’s proposed changes, says lawyer

DAP's Gobind Singh Deo is representing Universiti Malaya law lecturer Dr Azmi Sharom in the latter's sedition case. – The Malaysian Insider pic, January 25, 2015.Regardless of Putrajaya’s tabling of amendments to the Sedition Act in Parliament in March, Universiti Malaya law professor Dr Azmi Sharom’s quest to challenge the legality of the law will go on as scheduled, his lawyer said today.Gobind Singh Deo said the Act should be struck down because it is against freedom of speech."No amendments can save something which is unconstitutional. The only way is to repeal the Act and replace it with a completely new one," he said in an sms.Gobind, who is head of DAP legal bureau and Puchong MP, said Minister in the Prime Minister's Department Nancy Shukri’s statements yesterday that amendments to the sedition law would be tabled in Parliament in March took him by surprise.He said like other MPs, he was unsure what the scope of the amendments were except what he read about Nancy's statement in the media.Nancy, the MP for Batang Sadong, said the amendments included a provision to take action against those who call for the secession of Sarawak and Sabah.She was also reported to have said that freedom of expression in Sarawak and Sabah would still be protected as enshrined under the Malaysian Agreement 1963 once the proposed amendments to the Sedition Act comes into force.Last November, the High Court allowed an application by Azmi to refer the matter straight to the Federal Court as only the highest court in the land had the power to determine whether a law passed by Parliament or state assemblies was valid and enforceable.The questions to be determined by the apex court are whether section 4 (1) of the Sedition Act is against Article 10 that guarantees freedom of speech and expression, and against Article 4 on the supremacy of the Federal Constitution.The Federal Court would also have to determine whether the Sedition Act is valid and has been given effect by Parliament.Azmi’s application will be heard on March 24.Azmi was charged for his comments to a news portal on the Perak crisis and the 45-year-old academician faces a principle charge of uttering a seditious statement, an offence under Section 4(1)(b) of the Sedition Act 1948.He was also slapped with an alternative charge of publishing the seditious statement, an offence under Section 4(1)(c) of the same law.Both offences carry a jail term of up to three years or maximum RM5,000 fine or both if found guilty.Gobind, who is appearing together with Datuk Malik Imtiaz Sarwar, said they would request an enlarged bench of at least nine judges to deliberate the matter.Meanwhile, Lawyers for Liberty executive director Eric Paulsen said it was important for Putrajaya to consult the stakeholders like the opposition, Human Rights Commission, Bar Council and civil society before the amendments were presented for debate in Parliament."There must be transparency and accountability by the executive in revealing the content. They should not take everyone by surprise and bulldoze the approval of the amendments," said Paulsen who was recently called in by police to be investigated under the law.He is said to have posted on Twitter criticism against the Malaysian Islamic Development Department (Jakim) for spreading extremism via Friday sermons.So far, about 25 opposition politicians, lawyers, academicians, students and other individuals have been either charged or investigated under the colonial era law.Paulsen said it was better to have a parliamentary select committee to scrutinise the amendments and also obtain input from the public since the law had wide implications for every citizen."Why not obtain public feedback by having roadshows. In this way our MPs can also put forward quality debates before the law is passed," he said today.He said the role of citizens was not limited to electing their representatives to the legislature."There must be participatory politics by the people and civil society. Laws affecting everyone should also be debated outside the House," he said, adding that the Sedition Act must be abolished as any amendment would only worsen Malaysia's standing as a modern and democratic nation.Paulsen said everyone would be kept guessing now as what would be in store when the amendments were presented in Parliament."Will there be some draconian amendments like detention without trial?" he asked. – January 25, 2015.