Prime Minister Anwar Ibrahim has been criticised for accusing Bersatu president Muhyiddin Yassin of criminal defamation - an offence that carries a prison sentence.
In a statement today, Lawyers for Liberty (LFL) director Zaid Malek said doing so would have a chilling effect on legitimate government criticism.
The proper remedy, said Zaid, was for Anwar to use the civil courts instead to clear his name.
"LFL finds it appalling and undemocratic that such a police report was made in the first place by the prime minister's own political secretary. Clearly, the police report could not have been made without Anwar’s approval.
"And the purpose of the police report is clearly to silence criticism against Anwar by Muhyiddin (above) and potentially others who choose to criticise Anwar," said Zaid.
He argued that it was "unlawful, unconstitutional and tyrannical" for the prime minister or any government minister to rely on government machinery to clamp down on any speech that "creates a negative perception" of their leadership, as cited by Anwar’s political secretary.
Should the prime minister or anyone in government feel that they have been defamed, the proper resource was the civil courts, said Zaid.
"In our democracy, the prime minister has no special status under the law different from ordinary citizens. It is unlawful for him to utilise the police to defend his reputation.
"Has Anwar forgotten that during the Najib Abdul Razak era, the then-opposition Pakatan Harapan was at the receiving end of similar police investigations for criticism of then-prime minister Najib?
"Have Anwar and his political coalition learnt nothing from the persecution they were then subjected to?"
Zaid said the report against Muhyiddin has set a dangerous precedent because similar action can be taken against government critics and thus rendering Article 10 of the Federal Constitution meaningless.
"We remind the government that the police are not here to protect the image or reputation of the prime minister or the government that he leads. Their job is to keep the public safe from crime and maintain public order.
"A mature and democratic government publicly responds to and answers criticism, instead of trying to jail critics," he said.
On Monday, Muhammad Kamil Abdul Munim, who is Anwar's political secretary at the Finance Ministry, lodged a police report against Muhyiddin.
In his police report, Kamil accused Muhyiddin of slander when the latter claimed that he was the victim of political persecution and abuse of government authority.
Muhyiddin is currently on trial for abuse of power and money laundering in relation to the Jana Wibawa scheme. - Mkini
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