An opposition leader and five supporters arrested for criticising Prime Minister Mahathir Mohamad's announcement that Malaysia is an Islamic state were "freed" after police failed to charge them in court today.

Lim Kit Siang, chairman of the opposition Democratic Action Party (DAP), said when they turned up in court, "nobody knew about our cases."

"After more than an hour, we were asked to wait until the police get further instructions as to what to do with us, as they had received no directive to charge us, although we were all arrested under the Sedition Act," he said in a statement.

"We decided ... the arrests effected on us were no more in force and freed ourselves and released our six bailors, and that if the police wanted to pursue the matter, they could rearrest us."

Distributing leaflets

Lim and five others were arrested on August 25 for distributing leaflets opposing Mahathir's announcement.

"We deplore the irresponsible police action ... as making a fool of themselves, the six DAP leaders arrested, the six bailors and the Malaysian public," he said.

Lim urged the government to order the police to stop harassing opposition activities.

If found guilty under the Sedition Act, a person can be fined up to RM5,000 face up to three years imprisonment, or both.

Lim said Islam was the official religion but Malaysia was not an Islamic country.

The opposition chief was arrested in June and July for a similar offence.

The question of Islam's role in government has become central to politics in this multi-cultural country since Mahathir last September declared Malaysia was an "Islamic state".

DAP has objected to this definition, saying it could make non-Muslims second-class citizens.

Muslims make up 60 percent of Malaysia's 23 million people.