Sri Muda assemblyperson Mat Shuhaimi Shafiei today filed an application to review the Federal Court's decision to overrule a landmark Court of Appeal decision that requires the prosecution to prove intent in sedition cases.

Mat Shuhaimi's application was filed under Rule 137 of the Rules of the Federal Court, for it to review the decision which he claims brought injustice to him.

“Hence, we filed this motion to review the decision by the five-member Federal Court bench,” he said.

Mat Shuhaimi's lawyer, N Surendran (right in photo), branded the Sedition Act 1948 as "antiquated" legislation introduced by the British, and not passed by Parliament.

“It violates freedom of speech and expression,” he said, adding that that was others beside Mat Shuhaimi who were challenging the constitutionality of the Act.

According to Surendran, it is vital to prove intent in any crime, although Section 3(3) of the Sedition Act said otherwise.

In the 2016 decision that was overruled, the Court of Appeal had declared the section of the Act as unconstitutional.

On Jan 8, the Federal Court had allowed the appeal by the government, and declared Mat Shuhaimi's civil challenge an abuse of the court process.

In the notice of motion filed today by the law firm Daim and Gamany, Mat Shuhaimi is seeking a review of the Jan 8 apex court decision, and the case be re-heard in the court before another panel, cost of the application.

Mat Shuhaimi, who is also the Selangor menteri besar's political secretary, was charged with sedition in February 2011, after he posted an allegedly seditious article on the appointment of Mohd Khusrin Munawi as the Selangor state secretary on his blog.

He was alleged to have committed the offence at Pusat Khidmat Rakyat in Shah Alam, on Dec 30, 2010.

It was also reported yesterday that lawyer New Sin Yew, representing PSM central committee member S Arutchelvam on a sedition charge, also indicated that they would also raise the constitutionality of Section 3.

“On that basis, I have also made the same application (for Arutchelvan's case)," he had said, adding that similar applications were made by lawyers representing PKR vice-president N Surendran, cartoonist Zunar and lawyer Eric Paulsen for three other sedition cases.