The constitutionality challenge mounted against the Sedition Act by law lecturer Azmi Sharom has been referred to the Federal Court.

Refering to Section 84 and 85 of the Courts of Judicature Act 1964, High Court Judge Kamardin Hashim said this is a special case and the apex court should hear the application.

Moreover, the judge also referred to Section 128 (1)(a), (2) and (3) of the constitution, pointing out that only the Federal Court has the power to decide if a law is constitutional, and to determine whether laws passed by the Parliament/ state assembly are valid and effective.

He also asked the Federal Court to decide on the two questions:

- Whether Sectio(4) (1) of the Sedition Act is contradictory to Section 10 (2) of the constitution. If so, it should be cancelled according to Section 4(1) of the constitution; and

- Whether the Act itself is valid and effective (berkuatkuasa) according to the federal constitution.

Gobind Singh Deo is the lead counsel for Azmi, while the deputy public prosecutor is Suhaimi Ibrahim.

Among those acting for Azmi were Lawyers for Liberty founder Eric Paulsen and immediate past president of the National Human Rights Society of Malaysia (Hakam) Malik Imtiaz Sarwar.

Andrew Khoo, co-chairperson of the Bar Council’s Human Rights Committee, was representing Suhakam as an observer for this case.

More than 40 people were present in support of Azmi, who included DAP MP for Beruas Ngeh Koo Ham, Seputeh MP Teresa Kok and Bakri MP Er Teck Hwa.

Azmi was charged with sedition over a statement he made in a news article referring to the Perak constitutional crisis.

'We may ask for seven- or nine-person bench'

When interviewed outside the court, Gobind said they are considering to apply for a nine-person bench.

“Yes, that’s something we will consider, we will discuss that. But there is a possibility that we may ask for a seven- or nine-person bench,” he said.

He also reiterated that they still hope the attorney-general will stay all the sedition-related cases.

Azmi and a string of others have been charged under the Sedition Act swoop in recent months.

The 45-year-old academician claimed trial on Sept 2, to one principal and an alternative charge of sedition.

Azmi is charged under Section 4 (1)(b) of the Sedition Act, with an alternative charge under Section 4 (1)(c) of the same Act, for publishing a seditious statement on Aug 15.

This is over an article titled ‘Take Perak crisis route for speedy end to Selangor impasse, Pakatan told’, which was published by the Malay Mail Online news portal.  

The associate professor in Universiti Malaya’s Law Faculty says he was merely making the statement as a law lecturer and based on principles of the law and democratic practices.