The High Court in Kuala Lumpur today ruled that the Sedition Act 1948 was constitutional and dismissed an application by Padang Serai Member of Parliament N Surendran to refer on questions of law of the act to the Federal Court.
Judicial Commissioner Ab Karim Ab Rahman made the decision on the grounds that there was no necessity to refer the matter to the Federal Court.
He said the questions had been answered by the Federal Court in the case of Universiti Malaya law lecturer Assoc Prof Dr Azmi Sharom.
Therefore, the case is sent back to the Sessions Court for trial, he said, and fixed April 21 for mention.
The three questions to be referred by Surendran are whether the Sedition Act is constitutional, contravenes Articles 5, 8, 10 of the federal constitution and whether the prosecution need not to prove intent in a sedition case.
Surendran, 50, who is PKR vice-president, filed the application on Oct 15, 2014.
He was charged with making the seditious statement relating to then-opposition leader Anwar Ibrahim’s second sodomy case.
The offence was allegedly committed through YouTube at the Palace of Justice in Precinct 3, Putrajaya between 2pm and 4pm on Aug 8, 2014.
The charge, under Section 4(1)(b) of the Sedition Act 1948, carries a maximum three years’ imprisonment or RM5,000 fine or both, upon conviction.
The prosecution was conducted by deputy public prosecutor Wan Shaharuddin Wan Ladin, while Surendran was represented by lawyer M Puravalen.