Ini dia pemimpin Umno Sabah yang ditahan oleh SPRM atas dakwaan Pecah Amanah (CBT) yang melibatkan RM 300 juta

KOTA KINABALU: Sebuah akhbar tempatan, yang dianggap mempunyai hubungan akrab dengan Kerajaan Sabah, telah melaporkan dalam edisi akhbarnya pada Selasa bahawa seorang pemimpin Umno Sabah telah ditahan pada Khamis lalu oleh Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) atas dakwaan Pecah Amanah (CBT) yang melibatkan RM 300 juta.

Menurut akhbar itu, suspek ditahan di Lapangan Terbang Antarabangsa Kuala Lumpur.

Suspek adalah bekas pengerusi agensi negeri dan mengetuai salah satu daripada 25 bahagian Umno di Sabah, kata akhbar itu.

Akhbar itu tidak menyatakan sumber laporannya.

Ia tidak dapat disahkan dengan serta-merta sama ada akhbar lain menyiarkan laporan itu.

Pada bulan April 2009, seorang pemimpin Umno Sabah dan kontraktor tempatan telah ditahan oleh SPRM dan direman selama tiga hari bagi membantu siasatan.

Pemimpin Umno Sabah itu telah dibebaskan dengan ikat jamin sebanyak RM 100,000 tetapi tiada deposit diperlukan. Kontraktor itu pula dikehendaki membayar deposit 3,000 ringgit bagi jaminan RM300,000 beliau.

Pada masa itu dilaporkan bahawa dua pemimpin pemuda Umno Sabah juga disoal oleh SPRM tetapi tidak ditahan.

SPRM kemudian dikatakan “semakin dekat menangkap seorang lagi pemimpin Umno Sabah”. 

-FMT-
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http://omakkau.blogspot.com/

KUALA LUMPUR: Ketua UMNO Bahagian Pensiangan, Datuk Abdul Ghani Mohd Yasin mengaku dihubungi Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) pada Jumaat untuk memberi keterangan berhubung kes berkaitan pecah amanah.

Bagaimanapun, Abdul Ghani, yang kini berada di Kota Kinabalu, enggan mengulas lanjut mengenai butiran panggilan berkenaan.

"Saya menerima panggilan daripada SPRM pada Rabu lepas semasa di Kuala Lumpur bersama anak saya. Saya juga menerima satu lagi panggilan pada petang hari yang sama yang meminta saya bertemu dengan mereka.

"Pada Jumaat, saya secara sukarela berjumpa SPRM di Kota Kinabalu," katanya ketika dipetik Bernama di sini hari ini.

Pada Selasa, sebuah akhbar di Sabah, Daily Express melaporkan seorang Ketua Bahagian UMNO di negeri itu ditahan SPRM di Lapangan Terbang Antarabangsa Kuala Lumpur (KLIA) pada Khamis kerana terlibat dengan dakwaan pecah amanah melibatkan wang sehingga RM300 juta.

Bagaimanapun, Abdul Ghani menafikan ditahan, sebaliknya berkata beliau memberi kerjasama dan secara sukarela memberi kenyataan kepada pegawai SPRM berkenaan.

[KES 2 ADUN] Jika Berita Ini Benar, Alhamdulillah...

Dua Adun tidak perlu dirujuk Lembaga Disiplin PAS - Mustafa Ali 

KUALA LUMPUR: Dua Anggota Dewan Undangan Negeri (Adun) PAS dari Selangor, Saari Sungib dan Hasnul Baharuddin tidak perlu dirujuk kepada Lembaga Disiplin parti, kata Setiausaha Agungnya, Datuk Mustafa Ali. 

Mustafa berkata, kes Adun Hulu Kelang dan Morib itu akan diputuskan oleh Jawatankuasa PAS Pusat setelah pihaknya menyerahkan laporan mengenai perkara berbangkit.

"Prosedurnya ialah Saari dan Hasnul perlu bertemu setiausaha agung untuk menjelaskan perkara yang berlaku. Selepas pertemuan, pejabat setiausaha agung akan menentukan sama ada kes ini perlu siasatan lanjut atau tidak.

"Jika pejabat setiausaha agung merasakan ia perlu siasatan lanjut, maka kes ini akan dirujuk kepada lembaga disiplin untuk lakukan siasatan lanjut.

"Tetapi kalau pejabat setiausaha agung merasakan tidak perlu siasatan lanjut dan berpuashati dengan pertemuan yang diadakan, maka laporan mengenai kes itu akan terus diserahkan kepada Jawatankuasa PAS Pusat untuk diputuskan.

"Dalam kes Saari dan Hasnul ini, pejabat setiausaha agung mendapati ia tidak perlu dirujuk kepada lembaga disiplin," katanya ketika dihubungi Astro AWANI.

Mustafa berkata pihaknya berpuashati dengan hasil pertemuan dengan Saari dan Hasnul yang berlangsung semalam di Pejabat Agung PAS.

"Saari dan Hasnul memberi kerjasama yang baik dan pertemuan diadakan secara berasing selama sejam untuk setiap seorang," katanya lagi.

Saari dan Hasnul dipanggil memberi keterangan kepada Setiausaha Agung PAS ekoran tindakan mereka menyokong Presiden PKR Datuk Seri Wan Azizah Wan Ismail sebagai calon Menteri Besar Sealngor sebelum ini.

Akibat tindakan tanpa merujuk kepada PAS Pusat itu, banyak pihak dalam parti itu mahu supaya dua Adun tersebut dikenakan tindakan.

ULASAN GB

Jika laporan di atas benar, alhamdulillah...kita amat bersyukur kepadaNya...

Semuga tiada lagi U-turn terhadap keputusan di atas dan tiada lagi suara-suara sumbang dari mana-mana pihak dalam parti yang ingin meneruskan desakan supaya kedua-dua ADUN berkenaan dihadapkan ke Lembaga Disiplin parti.

Sepastinya pihak pejabat SUA sudah menimbangkan dengan adil dan saksama segala fakta ... bahawa kedua-duanya tidak melakukan kesalahan tatkala menandatangani SD. Kerana tujuan mereka melakukan adalah untuk kebaikan Pakatan Rakyat secara amnya dan PAS sendirinya khususnya. Jika tidak, kerajaan PR Selangor sudah tumbang.

Tuduhan dan lemparan fitnah menyatakan mereka dibeli dan seumpamanya tiada buktinya. Justeru itu tidak boleh dibuat andaian dan tuduhan liar, yang mana, seperti yang GB pernah utarakan sebelum ini, pihak yang teraniaya tersebut boleh mengambil tindakan undang-undang kepada para penuduhnya.

Hukum kebenaran dan keadilan tetap berjalan... dan kebenaran itu akan tetap mengalahkan kebatilan... 

Perghh : Kereta Tersekat Di Laluan Motosikal jambatan Pulau Pinang.

Tersilap Laluan Lagi.. Selalunya Kes Macam Nie Mesti Tengah Berangan.. Hebuh satu Penang
kereta tersekat di laluan Motosikal Jambatan Pulau pinang.

Even as Sedition trial looms, unrepentant Isma incites Malays against Chinese 'in the name of race & religion'

KUALA LUMPUR - In an unusual stunt, Malay Muslim group Ikatan Muslimin Malaysia (Isma) sent out a shout-all on YouTube today for its supporters to show up in force at court for the sedition trial of its president Abdullah Zaik Abd Rahman, scheduled to run from October 13 to 15.

Abdullah Zaik will be tried at the Kajang Sessions Court in Selangor for allegedly uttering seditious statements against Malaysia’s ethnic Chinese.

In a nearly five-minute long video titled “Pewaris Bangsa” or “Heir of the Race” posted on YouTube, the Islamist NGO urged the public to gather in front of the Kajang Sessions Court in the morning of the first day of the trial, “in the name of religion and race”.

Isma deputy president Aminuddin Yahaya claimed in the video that Abdullah Zaik was merely defending Islam and the Malay race and that his president was facing trumped-up charges.

“When we defend our religion and race, people say we are racist. All these statements saying (we are) racist and extremist were deliberate,” he said.

The NGO’s vice-president Muhammad Fauzi Asmuni added that it is only right that Isma defends Islam and the Malay race, which he described as the two pillars that form the basis of Malaysia and cannot be challenged.

“Our constitution is based on the two pillars, our culture is based on the two pillars, our language is based on the two pillars, so they must be defended,” he said.

Fellow vice-president Abdul Rahman Mat Dali said Abdullah Zaik’s statements were justified due to the alleged interference by the Chinese in Malay affairs.

“We Malays had no problem when they came and lived here, we didn’t disturb (them). But now in recent times, they have started interfering in the affairs of the Malays, the Muslims and challenged the position of the Malays and Muslims,” he said.

The video has drawn 87 views since its posting earlier this evening

In June, Abdullah Zaik was charged under the Sedition Act 1948 for a May 6 statement in which he called the Chinese “intruders” into “Malay land”, who had been brought by British colonialists to “oppress” and “bully” the Malays.

He was charged under Section 4(1) of the Act and also faces an alternative charge under Section 4(1)(b) of the same law, both of which carry a maximum fine of RM5,000, no more than three years jail, or both.

Putrajaya has been on a sedition blitz in past months, hauling in politicians, activists and academics who are largely critical of the federal administration. -Malay Mail

When did I ever 'INSULT' Selangor Sultan - PKR's Gooi refutes police reports filed by Umno groups

PKR Alor Setar MP Gooi Hsiao Leung is in hot water over his call to reform the Selangor constitution to avoid another menteri besar crisis.

But this does not stop the first-term parliamentarian from continuing to speak up and uphold the Federal Contitution as the supreme law of the country.

"I have never insulted the sultan, nor have I ever challenged his decision to appoint Azmin Ali as the new Selangor menteri besar," Gooi said in a statement.

"Challenging the appointment does not arise at all as my party has already accepted Azmin's appointment."

Gooi (left) was referring to a police report lodged against him by Kota Raja Umno Youth over his statement on Sept 24 urging Pakatan to initiate reforms to the Selangor state constitution to avoid another crisis in appointing menteri besar in future.

Gooi was alleged to have questioned the sultan's decision in appointing Azmin Ali as the new MB, thus insulting the ruler.

He was also accused of acting seditiously in calling for reforms to limit the sultan's powers.

A lawyer, Gooi said his statement was a response to the explanation of Mohamad Munir Bani, the ruler's private secretary, on Azmin's appointment.

Palace didn't allay confusion

He believes that Mohamad Munir's explanation did not allay public confusion as he had failed to explain why PKR president Dr Wan Azizah Wan Ismail was not appointed as the menteri besar, despite enjoying majority support of the House.

"Azmin's appointment had caused further public confusion not only because the person who commanded the majority support did not get appointed but the menteri besar appointed by the palace did not even have his name put forward and nominated by any of the three Pakatan parties to the palace to be chosen as menteri besar," Gooi said.

"Like many others in the country, I am only seeking to understand how the palace arrived at the decision.

"It was a total departure from the constitutional requirement that the menteri besar to be appointed must be one who enjoys the majority confidence and support of the state assembly," he added.

Gooi said he was merely urging Azmin to review the state constitution and to better and clearer define the role of the ruler so as to avoid a similar crisis and confusion in future.

He added that it was then entirely up to the state government to determine if such review was necessary. -M'kini

MORE HOT GAS FROM IBRAHIM ALI: 'Pas should lead Pakatan, just like Umno leads BN

Perkasa president Ibrahim Ali said today PAS should lead Pakatan Rakyat, if the coalition is serious about competing with the BN in a two-party system.

This is because, Ibrahimn said, PAS is a Malay-majority party, like Umno, which leads the BN.

He said this formula is used by BN to reflect Malaysia’s racial demography.

"If PAS takes the lead of the Pakatan leadership and DAP is not big-headed and mellows down a little, like MCA, I believe this could be a starting point (for the new Malaysian political landscape).

"Even if they do not succeed in forming a two-party system, at least they will come close to it.

"Only then will BN and Pakatan be able to compete on good governance,” Ibrahim told reporters today.

He was commenting onthe infighting within Pakatan, following the Selangor menteri besar crisis. -M'kini

NEXT, THE MELATI MOVE: Devout veil-wearing Muslim girl joins DAP!

The devout Muslim is covered in a veil, which only exposes her eyes. She penned a novel, titled Pelacur Kelas Pertama (First Class Prostitute), which raised eyebrows due to its erotic elements.

Among others, the book, purportedly based on a true life incident, is about marital sex abuse.

And now, the 22-year-old Universiti Selangor graduate is bound to raise the controversy bar a notch higher with her decision to join DAP.

In an interview with Malaysiakini today, Jamila Rahim, who writes under the pseudonym Melati Rahim, reveals her reasons for joining a party, whose detractors never tire of branding it as a threat to the position of Malays and Islam.

“If you look at the DAP constitution, it places humanism and human rights as its main thrusts.

“In Islam, humanism is one of the core factors. So DAP is closer to the concept of justice as prescribed by Islam. And Islam is my main principle in life,” she said.

Melati stressed that the humanism agenda pushed forth by DAP was crucial in dealing with people of various races and faiths. -M'kini

Water deal: SELCAT must bell the cat

Azmin or Anwar need not direct SELCAT to probe allegations against Khalid.

COMMENT

SELCAT, the Select Committee on Competency, Accountability and Transparency of the Selangor state government, was formed when Pakatan Rakyat (PR) came to power after the 2008 election. As its designation suggests, it is meant to be the Selangor people’s entrusted body in the state government to root out any whiff of corruption or impropriety in the government and the state.

Throughout the sorry episode in recent months involving the previous Menteri Besar (MB), allegations and insinuations were made by PR leaders against the former to justify the “Kajang Move”. While the PR leaders seemed totally embroiled in their political shenanigans, they overlooked the implications of their political actions on the intended function of good governance institutions they themselves had created when they came to power.

They finally succeeded in getting rid of Khalid Ibrahim without having to reveal to the people the evidence on which their allegations were based. They did not even make a police report or send a memorandum to the MACC. Khalid made the report for them. Most unfortunate of all, SELCAT did not say a word. Nor did the other members of the Executive Council for that matter.

That is costly for the people of Selangor because, if there was questionable conduct by the previous MB, no one has been made accountable for the alleged pilfering of the peoples’ money.

Now we have been told that PKR de facto leader Anwar Ibrahim has directed the new Selangor MB, Azmin Ali, to divulge the list of companies that profited from the deals under his predecessor. Among the deals that will come under scrutiny is the water restructuring exercise that Khalid finalised in the last days of his administration.

The federal opposition leader claimed he has discovered that there were companies profiting from such deals. Earlier this month, Khalid cemented Selangor’s water deal with Putrajaya that will allow the state to take over the existing concessionaires and pave the way for the Federal government to build the Langat 2 treatment plant previously opposed by PR. The allegations against the previous MB in the water restructuring are among the subjects of the former MB’s defamation lawsuits against PKR secretary-general Saifuddin Nasution Ismail.

It is because this is an issue of public interest that SELCAT should be the proactive initiator of this public accountability exercise. It does not need to be coaxed or directed by the new MB or the PKR de facto leader to spring into action. We do not live in a feudal system in which a Great Leader calls the shots. Rather, we have elected a parliamentary democracy with its select committees, including one for competency, accountability and transparency.

SELCAT’s work should not be a witch-hunt but an effort to ensure that citizens get what they deserve. It will be expected to do a thorough job of this investigation and its terms of reference should not be to try to pin a charge on the previous MB but to give us a full report on the whole water deal to reveal if there were interested parties – not necessarily linked to the previous MB – rooting for any of the water concessionaires. For all we know, this might well reveal the real motives for the “Kajang Move”.

The sickening episode over the toppling of the previous MB should be a lesson to SELCAT not to be a selective investigator at the beck and call of political masters, but to be an effective watchdog for the people of Selangor.

Kua Kia Soong is SUARAM’s Adviser

RM350,000 water project completed for only RM5,000

The DAP Sarawak is demanding that Infrastructure Development and Communications Minister Michael Manyin explain the discrepancy in the figures.

KUCHING: There are red faces at the Ministry of Infrastructure Development and Communications after a water project in Dalat, estimated by the Public Works Department (PWD) to cost RM350,000, was completed by a local businessman for RM5,000.

The Democratic Action Party (DAP) Sarawak is demanding that Infrastructure Development and Communications Minister Michael Manyin explain the discrepancy in the figures.

The party has an unlikely ally in Women and Family Development Minister Fatimah Abdullah who represents Dalat.

“There could be many other projects where their estimated costs are unrealistic and unjustifiable,” said DAP Sarawak organising secretary Violet Yong in a statement.

She was commenting on Fatimah complaining that the PWD had misled her on the cost of laying pipes to eight houses in Kampung Medong Hilir which is about 1.6km from the main pipes.

“It is obvious that there’s a lack of transparency as well as leakages involving millions of ringgit as reported in the Auditor-General’s Report,” said Yong. “Eight families were deprived of water for years because of the inefficiency of the PWD.”

“The Sarawak government should emulate the ‘Impian Sarawak’ projects carried out by DAP where there’s cost-efficiency.”

Fatimah recently conceded that Sarawak has now overtaken Sabah as the poorest state in Malaysia.

Islam hijacked, says Dr M

He criticises religious leaders and scholars for not condemning violent acts by extremist groups.

PETALING JAYA: Former prime minister Mahathir Mohamad has denounced what he calls the “hijacking” of Islam by forces who have misunderstood the meaning of jihad.

In his latest posting on his blog Chedet.cc, he said these parties had replaced the teachings of Islam with doctrines that are anathema to the religion, posing anxiety and danger to all Muslims and Islam itself.

According to Mahathir, the call to jihad and its promise of martyrdom has a compelling attraction to Muslims who are not well versed in Islamic teachings.

“In truth, Muslims who wage war with other Muslims are committing acts that contradict Islam, which calls for brotherhood among Muslims,” he said.

“Doesn’t God command in the Quran that if two groups of Muslims are in conflict, another party should make peace between them?”

Referring to recent reports of Malaysians joining the war in Syria, he said: “Are they actually waging jihad or doing the work of America and the Jews?

“Malaysians are volunteering to kill other Muslims, justifying their act by claiming that their enemies are the Shias. They think the Shias are not Muslims.”

He lamented that the Shias are being killed mercilessly just for professing a different expression of Islam.

“The same goes for the Shias who kill the Sunnis,” he said.

He criticised religious leaders and scholars in Malaysia for not condemning the violent acts by extremist groups.

“There are some (who are) believed to have blessed these Malaysian militants,” he said.

“Please save the sacred religion of Islam from those who are trying to change its character by replacing its noble teachings with despicable ones.”

AG and IGP told to stand up to Umno

Latheefa Koya says the selective manner of the current sedition blitz is Umno’s doing.

PETALING JAYA: PKR central committee member Latheefa Koya has hinted that the Attorney-General and Inspector General of Police was bowing to pressure by Umno to charge MPs, lawyers, professionals and activists with sedition.

Latheefa said, “The investigations and arrests made against these MPs and many others in the last several weeks were in response to police reports made by Umno members and complaints by Umno leaders.”

Adding that the AG “must act professionally and not succumb to pressure from any quarter,” Latheefa said the worrying part was that the criticisms were “valid” and in relation to “legal opinion”.

“There was no element of violence or public disorder in any of the alleged ‘seditious’ remarks by any of those who have been charged,” she remarked.

Latheefa also alluded to the re-opening of investigations on “old complaints” which she said was due once again to “pressure from Umno leaders”.

Touching on the “selective nature of the sedition blitz”, Latheefa said, “no action was taken against pro-Umno government people who had made far more serious remarks.”

Expressing her dismay that people were being hauled up and investigated for sedition to this day, she added, “All such actions by both the AG and IGP shows complete contradiction to what was repeatedly promised by the Prime Minister i.e. to repeal the Sedition Act.”

Accusing the AG of making “empty promises”, Latheefa said he had done nothing despite saying he would review some of the previous sedition charges.

“We therefore urge the AG to do the right thing and review and drop the sedition charges,” Latheefa stated.

WHAT ANWAR DOES NOT SEEM TO KNOW

Anyway, that is what happened which Anwar, as the then Selangor Economic Adviser, should be very well aware of. And if he is not aware of this then what has he been doing all this while? And if he is aware of this then what is he trying to do by insinuating that there is something wrong?

THE CORRIDORS OF POWER

Raja Petra Kamarudin

PKR de facto leader Anwar Ibrahim announced that he wants the new Selangor Menteri Besar, Azmin Ali, to review the water agreement that the Selangor state government signed with the Federal government recently.

Anwar said there is something not kosher in the way Khalid Ibrahim “rushed” to sign the agreement just before he left office on Monday last week, suggesting that there is some wrongdoing on the part of Khalid.

First of all, it was not Khalid but the Selangor State Secretary who signed the agreement.

Secondly, what the State Secretary signed was what the Selangor State EXCO approved in February 2013.

At that time, amongst the ten State EXCO Members were Ronnie Liu, Teresa Kok, and Dr Xavier Jayakumar. In that meeting that approved the State’s takeover of the four water concessionaires at a price of RM9.65 billion were also the State Secretary, the State Legal Adviser, and the State Financial Officer.

Hence this was not Khalid’s decision or his sole decision. It was a unanimous decision of 14 people in that committee and, in February 2013, no one had any objections to the takeover.

Although the State Secretary, the State Legal Adviser, and the State Financial Officer have no voting powers, they ultimately went through the legal documents and, in September 2014, advised the EXCO whether the agreement is in order and whether, therefore, Selangor should sign it.

The deal is for the State government to take over the four water concessionaire companies (ABAS, SPLASH, SYABAS and PNSB) for a price of RM9.65 billion. RM2 billion is to buy up the equity in the four companies while RM7.65 billion is to buy over the debts of the four companies.

On its part, Selangor State would have to transfer RM2 billion worth of water assets to the Federal government for a period of 45 years, after which the assets would revert to the state.

KDEB, a Selangor state agency, will be the operator of all the treatment plants, including the yet to be built Langat 2 plant, plus the distribution of water, also for 45 years, after which the arrangement would be reviewed.

Just like in the water agreement between Johor state and Singapore, once the 45-year concession period ends they would have to sit down and negotiate a new arrangement.

Of course, by 2060, we will not even know who is the Federal government and who will be running Selangor. Both Barisan Nasional and Pakatan Rakyat may not even exist by then. Hell, Malaysia, as we know it, may also not even exist as well.

Anyway, that is what happened which Anwar, as the then Selangor Economic Adviser, should be very well aware of. And if he is not aware of this then what has he been doing all this while? And if he is aware of this then what is he trying to do by insinuating that there is something wrong?

Why the Sedition Act should be repealed? – Gurdial Singh Nijar

It was in fact the prime minister's (PM) proposal for the abolition of the Sedition Act  – repeated thrice – that triggered the intense debate that has followed since.

The PM's intent was reinforced by the setting up of a committee under the purview of his office to draft a replacement law.

Since then the PM's intent has been ebbing and flowing in tandem with political noises made by various members of his coalition party and other groups.

A senior member of this coalition party has asked the 'abolitionists' to provide a rationale for their position. Prime Minister Datuk Seri Najib Razak, as the original proposer of this position, has yet to respond – although this could just as easily be dealt with under his party's internal debate process.

Nonetheless, let me offer the following reasons why this law should be abolished.

This is a 1948 Act and first imposed by the British. Its provisions are much the same except for an amendment in 1970 (which introduced amendments relating to the protection of bumiputera rights under article 153 of the Federal Constitution, the monarchy and the preeminent position of the national language).

First, the Act was enacted by the British primarily to subjugate any challenge to its rule. Freedom fighters and nationalists in all its colonies were charged by the colonial authorities under identical sedition laws.

Gandhi was  imprisoned  in 1922 for six years for "disaffection". Gandhi described this law as pernicious, meant to subdue nationalist leaders, and asked that he be convicted as he would rather go to prison than be forced to submit to a cruel colonial authority.

Nearer home, under the 1936 Sedition law of Singapore, Malayan nationalists – such as Samad Ismail and Ahmad Boestamam – were charged  for much the same reason, as were eight Singapore university students who criticized British and American imperialism in Southeast Asia in the 1950s.

Why would we want to continue with this act of bondage of our population?

Secondly, the provisions of the Act are vague and broad and allow persons to be charged on flimsy grounds.

One former Attorney General says that the present spate of charges by the current AG under the Act smacks of persecution. This is made possible because of the vast discretion given to the AG to determine what constitutes "seditious tendency" under the vague, subjective and broad provisions of the Act.

The Act makes it an offence to cause "disaffection" and "hostility" among classes, races and such like. These provisions were described by legal commentator Edward Jenks more than  70 years ago as "the vaguest and arbitrary in criminal law."

The intention of an accused in making the statement or the act is not relevant under the law. This undermines the fundamental basis of criminal liability.

Nor does the prosecution need to show that the statement could lead to some disorder or violence.

In other words a person who makes a mere critical statement not intended to create any disorder or violence, and does not in fact lead to any such disorder, can be convicted.

An academic has been charged and in danger of being convicted for making just such a comment. Two young students have been jailed under this law.

Gandhi at his trial said that "affection" cannot be bought but must be earned. Even a Cabinet member has broken ranks to condemn the use of the Act against an academic.

A law that attracts such widespread condemnation and is based on vacuous provisions lacks validity in the public eye. It brings the law and those who use it into disrepute. It should not be part of the legal architecture of a country based on the rule of law in a functioning democracy.

Thirdly, the charges against a wide cross section of the population for comments made on the country's affairs, sends a chilling effect and subverts the democratic process and the freedom of speech guaranteed by the Federal Constitution.

It undermines academic and other legitimate freedoms. Thus, it hinders independent thought, enquiry and expression. This will create a servile and subjugated society ill-equipped to meet the country's future challenges in a globalised world.

Fourthly, there are a plethora of other penal laws that can be easily utilised or adapted against persons who seek to create disorder or violence in society by their comments and acts. This includes matters addressed by the amendments to the Act – article 153 on rights of bumiputeras, the institution of the monarchy, and the primary role of the national language.

Although the Act now allows a critique of implementation issues, the charges show that it cuts out all discussion. This consigns discussion of critical issues to secret dark cloistered corners.

Surely this endangers values we hold dear in a democratic society. Or do the powers-that-be view our society so fragile that it cannot vindicate democracy through healthy debate and discussion?

Is the only way of protecting our democracy the criminalisation of our citizenry who express views of current concern? Or are we like the proverbial ostrich that buries its head oblivious that the rest of its body is exposed and vulnerable?

* Gurdial Singh Nijar is a Law Faculty professor at Universiti Malaya. TMI