The Sedition Act's constitutionality is being challenged by lawyers of Universiti Malaya professor Azmi Sharom, who was charged under the colonial era law earlier this month.
The lawyers filed an application today for the courts to review the constitutionality of Section 4(1) of the Sedition Act 1948.
Lawyer Gobind Singh Deo told reporters that the Sedition Act 1948 was unconstitutional as it was not enacted by Parliament, and that it violated Article 10 of the Federal Constitution, which guarantees freedom of speech.
"This is an application by Dr Azmi Sharom for an order that the Sessions Court refer to the High Court for its determination, the constitutionality of Section 4(1) of the Sedition Act 1948.
"Dr Azmi also seeks an order in consequence, thereof, for the charges against him to be stayed and/or struck out," Gobind said after filing the application at the Kuala Lumpur High Court today.
On September 2, Azmi, a law lecturer with Universiti Malaya, was charged under Section 4(1)(b) and Section 4(1)(c) of the Act over his comments in a news article titled "Take Perak crisis route for speedy end to Selangor impasse, Pakatan told."
If convicted under either charges, he will face a maximum fine of RM5,000 or jailed up to three years, or both.
MORE TO COME
- TMI
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