A problem that should have been nipped in the bud

Like Rip Van Winkle who woke up after a 20-year-long sleep, the powers-that-be are finally waking up to the bitter truth – the dangers of allowing self-appointed guardians of race and religion to spew hatred with their rhetoric.

It was not an overnight phenomenon – it had been happening over the years with politicians playing the Zionist-Israeli card and stoking the fire with wayward statements – renunciations and diatribes against the minority races who happen to profess a different religion.

With arms akimbo watching a spectacle before their eyes, enforcement agencies, although not enjoying them, pretended they not only did not see or hear anything but deemed that such events did not take place.

Two days after GE15, Inspector-General of Police Acryl Sani Abdullah Sani (above) warned social media users against uploading content that would threaten public safety and order.

In a statement, he told social media users to stop misusing the platforms to spread content that is considered provocative in nature because it will cause public disturbances.

“During the 15th general election (GE15) and before the forming of the federal government, we have warned against social media users that uploaded content that touch on racial and religious issues.

“Stern actions will be taken against users that attempt to threaten public safety and order under the Communication and Multimedia Acts and Penal Code,” he said.

Wasn’t that closing the stable door after the horses have bolted? Shouldn’t there have been arrests when it happened?

If Anwar Ibrahim had not been prime minister, would investigations would have started on PAS leader and Baling MP Hassan Saad for criminal defamation and breaching the peace?

Baling MP Hassan Saad

What about former PM Muhyiddin Yassin’s infamous rant against Christians and Jews claiming Pakatan Harapan was involved in an agenda to “Christianise” the country? 

In a recording of a ceramah in Johor, he claimed a group of Jews want Pakatan Harapan to win the elections and alleged that the party was working with Jews and Christians to “colonise” the country.

In the recording which has gone viral, the former prime minister also claimed that there were Malays attending church services in Kuala Lumpur and Petaling Jaya on Sundays.

Muhyiddin claimed these remarks were taken out of context, and is certainly no defence to such hurtful words but we have to ask: What did you actually mean?

Unwilling to prosecute

Yesterday, as if the police were acting in urgency, issued a press statement saying it is investigating Hassan with the involvement of no less than four different departments - Criminal Investigation Department’s Classified Criminal Investigation Unit (USJT), Classified Investigation Unit (D5), and the Criminal Investigation Department (CID).

“The case has been classified under Sections 504 and 500 of the Penal Code, as well as Section 233 of the Communications and Multimedia Act 1998,” the statement said.

(Section 504 of the Penal Code pertains to intentional insult with intent to provoke a breach of the peace, while Section 500 concerns criminal defamation.

(Section 233 of the Communications and Multimedia Act 1998, meanwhile, concerns the improper use of telecommunication network facilities.)

But part of the blame for the surge of such statements should fall on the police and to a certain extent, the Attorney General’s Chambers (AGC).

This is because both these organisations have declared in court proceedings that they had no plans to prosecute two people who were reported to have made provocative statements.

In April last year, appearing on behalf of the AGC, deputy public prosecutor Ainul Amirah said the AGC was unwilling to prosecute Perlis-based preacher Zamri Vinoth Kalimuthu and Multiracial Reverted Muslims founder and president Firdaus Wong Wai Hung as police had classified their cases as “no further action” (NFA).

The duo is both allegedly linked to controversial preacher Zakir Naik, and Global Human Rights Federation (GHRF) president S Shashi Kumar had said more than 1,000 police reports have been lodged against Zamri for insulting non-Islamic faiths and their religious practices.

Controversial preacher Zakir Naik

In October, the leaders of four civil society groups and a Sarawak-based political party sought a judicial review over the failure of law enforcement agencies to take action against a Muslim preacher for allegedly making inflammatory remarks against other religions in two videos.

The five want the Kuala Lumpur High Court to issue an order of certiorari to quash the decision of the police and the attorney-general who, they say, refused to act against Syakir Nasoha for remarks made at a mosque in Bakar Arang in Sungai Petani on Dec 16, 2017, which were captured in the first video.

The applicants were seeking an order of mandamus to compel the authorities to act against the preacher. The five also want a declaration that the refusal to act against Syakir was unlawful and an abuse of power on the part of the police and the AG. (Their application is pending).

That the AG has absolute powers is a given. He has unfettered discretion to institute or not to institute, reduce and withdraw charges against accused persons as provided for under Article 145(3) of the Federal Constitution.

What have the police got to say about declaring both cases as NFA? They must give plausible reasons for their decisions. Was it a lack of evidence or reluctance of witnesses to come forward? (These are the most common reasons given when the police don’t proceed with prosecution or close a case.)

If these two (and many other) cases had been acted upon, the problem would have been nipped in the bud. Instead, the problem was allowed to rankle, and aggravate and now has grown into an uncontrollable monster.

Now that so many reports were made in the lead-up to GE15, shouldn’t the police work as fast as they acted on the prime minister’s complaint or will they wait for order in line with “saya yang menerut perintah”? - Mkini

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R NADESWARAN is a veteran journalist who writes on bread-and-butter issues. Comments: citizen.nades22@gmail.com.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.