Police’s failure to investigate Umno Youth chief Dr Muhamad Akmal Saleh over his Facebook post showing him wielding a traditional Japanese sword, reeks of selective prosecution, said Lawyers for Liberty.
According to the human rights organisation's director Zaid Malek, it also amounts to a breach of the police's statutory duty to preserve and protect public order under the Police Act.
"We refer to Inspector-General of Police Razarudin Husain’s statement that the police are not investigating Akmal's Facebook post of him wielding a sword because no report was lodged against the post.
"This is a blatant abdication of duty by the police force whose primary statutory function is to preserve and protect public order. Under Section 3(3) of the Police Act 1967, the police have a duty to maintain law and order, preserve the peace and apprehend offenders. This duty is mandatory upon the police," Zaid (above) said in a statement today.
As such, the police cannot choose to enforce the law in one case, and turn a blind eye to another, he added.
Yesterday, Razarudin reportedly said that police would only initiate an investigation if a report had been lodged.
Akmal’s post dated March 14, one day after the discovery of socks bearing the word Allah being sold at a KK Mart outlet, was captioned: “No matter what, we will not waver from our stance. Better to die standing than live kneeling.”
He has launched an unrelenting boycott call against KK Mart since the issue broke and has remained defiant despite various calls to ease the temperature.
'Govt silence a disgrace'
Zaid rubbished Razarudin's "lame" remark, saying that there is nothing in the law that states the police investigative powers begin only upon a report being lodged.
"This is an irresponsible position to take as it is the duty of the police to investigate any crime when they become aware of it. The inflammatory Facebook post has been national news.
"In fact, it is common for the police themselves to make the police report to initiate an investigation.
“Investigations under the Peaceful Assembly Act and Communications and Multimedia Act, for example, are often conducted upon a police report filed by police officers. Why was the same not done in this case?" he asked.
Zaid claimed that Akmal's "law-breaking" post has a far-reaching impact on public order and tranquillity, given his stature in politics.
Therefore, Akmal should be probed under Sections 505 (b) and (c) of the Penal Code for causing public alarm and inciting one class or community or persons against another, he said.
Zaid questioned why ordinary people have been arrested and swiftly charged for any alleged controversial comments on social media, while politicians like Akmal can get away scot-free when they do it.
He cited the case of two individuals who were jailed for six months and fined RM12,000 and RM15,000 respectively for posting insulting comments on the socks issue.
"The rule of law must prevail, and all must be treated equally by the law. Akmal must be investigated for his inflammatory post just like anyone else would be if they posted something similar.
"The government’s silence is also irresponsible and unacceptable. When it suits them, they pontificate about the 3R (race, religion, royalty).
“When one of their own openly offends the 3Rs, they keep silent for political reasons. This is a disgrace and a failure to carry out fair and just governance."
Earlier today, former Penang deputy chief minister P Ramasamy also wondered the same, questioning whether the police are using the “absence of reports” as a mere excuse for the force not to act against certain politicians. - Mkini
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