The voices of moderation should occupy the broad, middle ground of the nation for the sake of continued peace, happiness and economic prosperity of all the people, says former Court of Appeal judge Mohd Ariff Md Yusof.

Ariff said the voices against moderation and extremism, whether these are political, religious, racial or regional, should not be allowed to spread but remain within the extremities of one’s political life.

A democratic society, he said, can only be viable if there is a great measure of tolerance for freedoms, not the other way round.

The former judge also recognises that freedoms are not absolute.

“However, this truism cannot be used as an excuse or a reason to negate the very basis of these freedoms, if we still believe in and expect to live within the confines of a democratic system.

“In this light, there is something disconcerting when the police authorities say they have zero tolerance for sedition, or words to that effect. This really begs the question: what is sedition, anyway?” Ariff asked.

This was in obvious reference to the police crackdown on political opponents and activists using the controversial Sedition Act.

Defining sedition further, he said sedition is an attitude that offends the principle of moderation and the allied principles of rationality, reasonableness and proportionality.

Speaking at the launch of ' Alamak- All in God's name ', a book by Malaysiakini columnist KJ John ( right ) last night, Ariff said constitutional law is about politics - which in turn is regulated by law.

“An academician who comments on constitutional issues cannot, therefore, escape the political dimension,” he said in obvious reference to the Universiti Malaya associate professor Azmi Sharom, who had been charged with sedition.

Likewise, he added, the chairperson of the Bar Council cannot be expected to divorce politics from constitutional law when giving a view on an aspect of the constitutional fabric of this nation.

“The judge who gives a decision on a constitutional dispute, in the same vein, decides on a political question on the basis of regulated politics.

“It will be a balancing exercise of competing demands and expectations of the government as against those of parties insisting on their freedoms as guaranteed by the Federal Constitution,” Ariff said.

The retired judge is known for many landmark decisions, including in Nik Nazmi Nik Ahmad's case that declared Section 9 (5) of the Peaceful Assembly Act requiring a 10-day notice before an assembly is held as unconstitutional.

Ariff also led the panel of judges that lifted the ban on two works by political cartoonist Zunar.

Human rights fighters must act with moderation

Ariff also advised human rights activists to act with moderation and proportionality.

He said that if there is a conflict between two competing expectations of freedom, then the people should let the courts decide.

“Let the courts decide, guided, we hope, by the same constitutional principles and with a keen judicial eye on what interest should be prioritised within a democratic system.”

Ariff further commended the statement of the Group of 25 Eminent Malaysians for describing the Federal Constitution as grounded on the idea of moderation and crafted through a consultative process involving the political parties then existing, the representatives of the Malayan Rulers and the British Government.

“We should be thankful to these eminent personalities for their expressions of concern on the present socio-political direction of this country, where too often we find the voices of immoderation being heeded and seemingly endorsed, or at any rate tolerated, by the powers that be,” he said.

It was also fallacy of the highest order to categorise views opposed to government views as anti-establishment or anti-government.

“The moderate question should be, are the views pro-rakyat and honestly held? Being a moderate cannot mean being subservient and wholly respectful of government and the allied authorities in the belief that the government knows best, and if you are not happy please cast your votes accordingly in the next general election.

“Sometimes, when the direction of the country becomes a concern, moderate voices should be heard and reason and rationality be considered seriously,” Ariff emphasised.

Ariff and John were schoolmates in Sungai Petani, Kedah, and they also went to the Royal Military College in Sungai Besi together. The book is a collection of John's articles published by Gerakbudaya.