PARLIAMENT | Hassan Karim (Pakatan Harapan-Pasir Gudang) has urged the government to drop all cases involving individuals who have been charged under the Emergency (Essential Powers)(No 2) Ordinance 2021, which deals with fake news.
This is as the government is in the process of revoking the emergency ordinance – along with six others – through a motion in the Dewan Rakyat today, he said.
“The minister has to take note: if the House revokes the emergency ordinance and then degazettes them, can those accused (under the law) still be tried in court when the legislation has been revoked by the House?
“I call for the prosecution to agree to drop the charges against all the accused under the Emergency (Essential Powers)(No 2) Ordinance 2021.
“Those who have been sentenced and are in prison should be released,” Hassan said during his debate on the revocation of the emergency ordinances in the Dewan Rakyat today.
Going against constitution
If Parliament were to revoke the ordinances, but such court cases were allowed to continue and the accused are sentenced, Hassan said this would go against Article 5 of the Federal Constitution.
Article 5 states that “no person shall be deprived of his life or personal liberty save in accordance with law”.
Hassan said some of those accused under the ordinance had written representation letters to the Attorney-General’s Chambers via their legal counsel to request for their cases to be dropped.
However, their requests were previously turned down as the ordinance was still in effect, even though the emergency formally ended on Aug 1, 2021. - Mkini
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