Parti Sosialis Malaysia (PSM) central committee member S Arutchelvan today claimed trial to a charge of sedition.

He is accused of making a seditious Facebook post on Feb 10 that is an offence under Section 4(1)(c) of the Sedition Act 1948.

In his posting , Arutchelvan had supposedly criticised the Court of Appeal's decision against then-opposition leader Anwar Ibrahim earlier that day in the Sodomy II trial, saying that the courts are not independent and politically driven.

For this, he also faces an alternative charge under Section 233(1)(a) of the Communications and Multimedia Act 1998, which criminalises the improper use of network facilities.

Kuala Lumpur Sessions Court judge Amernudin Ahmad set bail at RM5,000 with one surety, as requested by deputy public prosecutor Suhaimi Ibrahim.

The case is slated for its second mention in court on Dec 22.

During today's proceedings, Arutchelvan's lawyer New Sin Yew presented his client's CV to the judge and argued that he should be released on an unsecured bail and one surety, meaning that there would be no money lodged to the court to ensure Arutchelvan's attendance.

He highlighted Arutchelvan's career as a politician and human rights activist, and that he had already flown back from Manila to attend court today without compulsion.

New argued that Arutchelvan's standing in his community should be sufficient to ensure his attendance in future court proceedings.

The sedition charge carries a penalty of a fine up to RM5,000, or up three years' imprisonment, or both upon the first conviction; and up to five years imprisonment on subsequent convictions.

The offence under the Communications and Multimedia Act carries a penalty of up to RM50,000 fine, or one-year imprisonment, or both.

Speaking to reporters outside the court, Arutchelvan said the allegedly seditious statement was made on behalf of the party.

"I think as a responsible political party, we have a right to make criticism on bad judgments. We have commented positively on good judgments, and when it is a bad judgment, we have commented negatively.

"I think in that sense, charging someone with sedition for such a thing goes against free speech, which is a fundamental human right," he said.

He added that the media around the world had also said that the court's decision against Anwar was politically driven, and it is a "joke" to charge him with saying the same thing.

PSM chairperson Mohd Nasir Hashim said that if Arutchelvan is charged, then he should be charged too because he is the party's chairperson.

Arutchelvan was the PSM secretary-general at the time of the alleged offence.

Separately, Human Rights Watch Asia deputy director Phil Robertson issued a statement condemning the charges against Arutchelvan.

"One thing is completely clear: Arulchelvan has not said or done anything that should have landed him in court facing criminal charges, so it's imperative that these cases against him be dropped immediately.

"This prosecution is all about harassing a prominent and loud political critic, pure and simple," he said.

He added that such charges draw Malaysia further away from being a democracy and Prime Minister Najib Abdul Razak's speeches at the recent Asean summit in Kuala Lumpur extolling moderation.

"No one is fooled by Najib's double game of smiling for international cameras while his hands are busy bashing his political opponents left and right," he said.

Meanwhile, New pointed out that Parliament has already passed an amendment to the Sedition Act that would no longer criminalise criticisms against the government and the administration of justice, but it has yet to come into force.

"The public prosecutor should only bring a criminal charge when it is in the public's interest or when there is a realistic chance of convicting.

"There is nothing beneficial to the public to continue prosecuting somebody for making legitimate criticisms against the judiciary. If there is a bad judgment, I think it is only our duty to say that it is a bad judgment," he said.