Why involve police in competition of ideas?

Unlike the UK, which practises parliamentary sovereignty, Malaysia embraces the doctrine of constitutional supremacy. The doctrine is duly embedded in Article 4 of our Federal Constitution.

In layperson's terms, the supremacy of the Constitution drives home this message - the Constitution trumps everything.

In our Constitution, there are a slew of fundamental rights which are constitutionally safeguarded and such embedded rights include the right to freedom of speech and expression.

Freedom of the press is also included. Those rights are enshrined in Article 10 of our apex law.

Are such rights really understood by Umno Youth when its chief Dr Muhamad Akmal Saleh plans to lodge multiple police reports nationwide against Malaysiakini and its columnist, Andrew Sia, over his opinion on Universiti Teknologi Mara (UiTM)?

In his recent piece "Our apartheid academy, UiTM" published by Malaysiakini, Sia, inter alia, lamented the protest by UiTM’s student council against calls to admit non-bumiputera students to its cardiothoracic surgery postgraduate programme.

Apparently, Akmal (above) took exception to Sia's perceived strong language when the latter opted to label the varsity as an “apartheid academy”.

Akmal seems to confine the meaning of apartheid to a restrictive interpretation when he wrote, "The apartheid was a cruel racial segregation policy in South Africa that glorified those who were white-skinned over the dark-skinned. A cruel policy hated by all, including Umno and the Malays".

I have read Sia’s article and contrary to Akmal's myopic understanding of the word "apartheid", I don't subscribe to Akmal's opinion that Sia was trying to liken UiTM to South Africa's white regime despite the fact Sia did employ the term "apartheid" in his article.

Democracy, freedom of speech

To be fair, Akmal or anyone else has every right to disagree with Sia's opinion. Democracy and freedom of speech - as rightly pointed out by an Indian jurist - allow anybody to sing a different song.

Hence, the true essence of freedom of speech is tolerance. Multiple and different views are invariably tolerated in a market of ideas.

It would be nice if Akmal could pen an article expressing his counter-opinion, hence, destroying Sia’s points. It is high time for Akmal and Umno Youth to embrace a new and fresh political paradigm.

While we respect Akmal's strong objections to Sia's article, he is always known to be a rabble-rouser rather than a politician with superb ideas.

Be that as it may, I am of the view Akmal’s decision to lodge police reports against Sia and Malaysiakini would be highly disrespectful to the supremacy of our Constitution which jealously guarantees and protects anyone’s freedom of speech.

Any attempt to criminalise different views by bringing the police to enter the fray would be antithetical to the real meaning of freedom of speech.

In any competition of ideas, the police should not be involved at all costs. After all, the police have other important jobs to do. - Mkini

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MOHAMED HANIPA MAIDIN is a former deputy law minister.

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