Gobind: Sedition Act is unconstitutional

Azmi Sharom’s legal counsel applies for an order for the High Court to review the constitutionality of the Sedition Act.

KUALA LUMPUR: Gobind Singh Deo, whose legal team is acting on behalf of law professor Azmi Sharom, has applied for an order that the Sessions Court refer to the High Court to determine if the Sedition Act 1948 is constitutional.

Speaking to the press at the Malaysian Courts Complex in Kuala Lumpur, Gobind explained that since the Sedition ordinance was enacted in 1948, prior to independence from the British, it was gazetted as law through revision from the Law Revision Commission.

Stressing that since the Sedition Act was not enacted by parliament, Gobind declared that the Act was unconstitutional and could not be used to restrict the rights of Azmi to freedom of speech.

Citing the Federal Constitution, Gobind said, “Article 10 of the Federal Constitution guarantees freedom of speech.

“Article 10 (2) expressly states that only Parliament may by law impose restrictions on the rights conferred under Article 10, which we say guarantees freedom.

Gobind also said that the legal team has filed a certificate of urgency to expedite the hearing of this application as Azmi was due back in court on October 2.

“We hope the Attorney-General supports our application for the matter to be referred to the High Court under section 30 of the Courts of Judicature Act 1964 for a determination of the constitutional issues raised.”

He also said he hoped the Attorney-General would consider staying all other prosecutions of sedition cases until this matter was determined by the High Court.

According to Gobind, there was a previous attempt to determine the constitutionality of the Sedition Act when Haris Ibrahim was charged with sedition. That case however was struck out on procedural grounds, as the application should have been made at the Sessions court instead of at the High Court.

Azmi Sharom was charged for Sedition on Sept 2 for a piece he wrote on Aug 14 on an online news portal, giving his thoughts about the Selangor Menteri Besar crisis.