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Wednesday, May 14, 2014

Move to get Sedition Act declared unconstitutional


Following the April 25 landmark ruling of the Court of Appeal that an individual cannot be criminally sanctioned for exercising fundamental liberties, lawyers for PKR's Batu MP Tian Chua are using this ruling in his sedition charge in an attempt to strike out the Sedition Act as unconstitutional.

Tian Chua's lawyers N Surendran and Latheefa Koya submitted their intention in the sessions court today, and the court will decide on June 26 if it should refer the constitutionality of the Act itself to the High Court.

Surendran and Latheefa will file a formal application, later this week, on grounds that the Court of Appeal ruling, which declared Section 9(5) of the Peaceful Assembly Act (PAA) 2012 asunconstitutional, can apply to the Sedition Act as well.

"Speech is a fundamental liberty,"  Surendran told reporters as the court ended the three-day trial scheduled in the case brought by the government against Chua for making seditious remarks on the Lahad Datu incursion early last year.

[More to follow]

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