Brickbats over Sedition Act use against Sanusi

Putrajaya has come under fire from lawyers over the use of the Sedition Act 1948 against caretaker Kedah menteri besar Muhammad Sanusi Md Nor today.

Pakatan Harapan component parties have long criticised the law for its vague wording.

Harapan had also pledged to review or repeal the law in its 2022 parliamentary election pledge.

Lawyers for Liberty (LFL) executive director Zaid Malek said Putrajaya's decision to charge Sanusi was "appalling" since Harapan and its leader Anwar Ibrahim had once opposed it because it could be abused.

"This is a black day for the country. The notorious Sedition Act has reared its ugly head again, now used against a key political rival of the government holding federal power.

"Harapan and its leader's condemnation of this law seems reserved only to when they were once at the receiving end of it. Now, they have no qualms utilising it when they are the ones in power," Zaid added.

READ MORE: What did the coalitions promise in their 2022 manifestos?

Sanusi claimed trial to two charges over his July 11 speech at a Perikatan Nasional rally in Selayang, Selangor.

He was alleged to have uttered words that can incite disloyalty towards the rulers.

Zaid argued that by charging Sanusi, the government was barring legitimate political discourse and violating freedom of speech guaranteed under Article 10(1)(a) of the Federal Constitution.

"The law of sedition is an archaic legal concept, a remnant of a notorious colonial law that most commonwealth countries have already scrapped.

"Its broadly worded provisions render the rights to free speech illusory. The PM and other Harapan ministers and MPs know this full well, which is why it has always been part of their campaign promise to repeal this law," he said.

Former Bar Council president Ambiga Sreenevasan said the decision to apply the Sedition Act was "wholly unacceptable".

"So contrary to the Malaysia we fought for. The Sedition Act must be abolished," she tweeted.

Anwar's former lawyer N Surendran - who was once facing trial for sedition between 2014 and 2018 - also expressed disappointment with the latest developments.

"I was charged twice under the Sedition Act during the BN regime for statements I made defending Anwar over his sodomy case.

"Now under a new government led by Anwar, a political rival faces sedition charges. The ideals (we) once fought for are forgotten.

"Harapan once fought this law but now wields it," Surendran tweeted.

Charges against Surendran were eventually dropped.

Inappropriate timing?

Meanwhile, government MP Sim Tze Tzin and Muda secretary-general Amir Hariri Abd Hadi criticised the police for arresting Sanusi at 3am.

Although Sim was not against using the Sedition Act against Sanusi, he questioned whether it was appropriate for the arrest to be made at 3am.

"Sanusi is a (caretaker) menteri besar. He is not a flight risk. The arrest could have been done during the day.

"The emergency era police SOP (standard operating procedure) should be reviewed, in line with Malaysia Madani introduced by the prime minister," Sim, who represents Bayan Baru, said in a statement.

However, Sim supported criminal proceedings against Sanusi because the latter had allegedly insulted the royal institutions and tore apart Malaysia's social fabric.

Conversely, Amir, who was once investigated under the same law but never charged, said other laws should be applied to Sanusi, but did not specify which.

He hoped that the police will also explain why they arrested Sanusi at 3am.

"To me, it was unnecessary," he said.

PSM deputy chairperson S Arutchelvan told Malaysiakini that he too was arrested and charged with sedition in 2015 for speaking out against the Federal Court decision against Anwar.

"Since then we have been fighting for the Sedition Act to be repealed. I am angry that a caretaker MB can be arrested at 3am and charged.

"This is uncalled for. This is high-handedness," he said.

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