Universiti Malaya academician Azmi Sharom's constitutional challenge to the legality of the controversial Sedition Act 1948 will be heard by the Federal Court on March 24.

Senior lawyer Malik Imtiaz Sarwar, who is acting for Azmi, informed this in a tweet on the case. Malik is appearing in the matter with lawyer Gobind Singh Deo.

The tweet by Malik says: “24.03.15. Constitutional reference to Federal Court in the Public Prosecutor vs Azmi Sharom. Constitutionality of the Sedition Act. Palace of Justice.”

The academician, an associate law professor at UM, was slapped with two charges of sedition in a sessions court in Kuala Lumpur on Sept 2 last year.

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

He is accused of writing the seditious statement in an article titled 'Take Perak crisis route for speedy end to Selangor impasse, Pakatan told', which was published by the portal Malay Mail Online.

So far 11 charged or convicted for sedition

Azmi claimed that he was merely exercising his opinion as a law lecturer and democratic principles.

On Nov 5, Kuala Lumpur High Court judge Kamardin Hashim agreed to refer the matter to the apex court to decide on two questions:

  • Whether Section (4) (1) of the Sedition Act is contradictory to Section 10 (2) of the constitution. If so, it should be cancelled; and
   
  • Whether the Act itself is valid and effective (berkuatkuasa) according to the Federal Constitution.

A lot is hanging on the outcome of this case, since besides Azmi, there are at least 11 people, mostly opposition leaders and supporters, who have been charged with or convicted under the pre-Merdeka law implemented by the British.

In 2012, Prime Minister Najib Abdul Razak announced he would repeal the controversial law, but made a U-turn at last year's Umno general assembly.

He later defended his decision to keep the Sedition Act by saying that the feeling of mutual respect among the races in Malaysia was lacking.