Putrajaya is sending an unhealthy message that it is beyond criticism and reproach by probing DAP veteran Lim Kit Siang and charging Selangor menteri besar's political secretary Jay Jay Denis for practising freedom of speech, said Lawyers for Liberty.
Its director Zaid Malek said the Pakatan Harapan-led government must instead protect freedom of speech, and ensure the public are protected from unwarranted criminal action for exercising their right.
Zaid was referring to the probe against Lim over the latter's comments about the possibility of a non-Malay being appointed as the prime minister, as well as tomorrow's charging of Jay Jay (above, right) over an alleged X (formerly known as Twitter) posting last year linked to Malacca governor Mohd Ali Rustam.
"The action of the police in both of these instances is an affront to the constitutionally guaranteed right of freedom of expression under article 10(1)(a) of the Federal Constitution.
This right is strong and entrenched and can only be limited in minimal circumstances as stipulated under Article 10(2)(a), such as when it affects national security, public order and morality.
"Lim was merely stating a fact from the Federal Constitution when he said that nothing bars a non-Malay from becoming a prime minister. The fact that some people have taken offence to the statement cannot justify a criminal investigation," Zaid said in a statement today.
According to him, the fact that there is a criminal probe initiated for a "non-existent crime" of stating a fact about the Constitution has brought the administration of justice into mockery and disrepute.
Zaid also called the decision by the Attorney-General's Chambers (AGC) to bring criminal charges against Jay Jay for his statement questioning the conduct of a high-ranking government official "appalling".
"Citing a constitutional fact or criticising the conduct of anyone in the government is an exercise of free speech that cannot in any way be construed to be an act that is contrary to national security, public order or morality," said Zaid.
Free speech is the very essence of a healthy democracy, where the people must be allowed to discuss matters of public interest freely, Zaid noted.
"The protection to free speech enshrined in the constitution serves this very purpose, and exists to ensure that all quarters, not just the perceived majority, can exercise this right."
Zaid concluded the statement by urging Putrajaya to halt the probe against Lim, and the AGC to withdraw its charge against Jay Jay. - Mkini
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