PAS MP alleges power abuse in PM's MCMC probe order on Muhyiddin

Ahmad Fadhli Shaari has accused the prime minister of power abuse for ordering MCMC to investigate whether Muhyiddin Yassin made statements supporting the right of foreigners to subsidised fuel.

In a statement on Facebook today, the Pasir Mas MP said that Anwar Ibrahim’s action constitutes a serious abuse of executive power, involving political interference in an enforcement body that should act independently.

Fadhli added that former prime minister Muhyiddin’s denial contained no elements of threats, insults, or improper communication that could be prosecuted under Section 233 of the Communications and Multimedia Act 1998.

“This section only applies to the dissemination of content that is obscene, false and hurtful, threatening, or harassing, and does not cover denials of political statements raised in the Dewan Rakyat.

“According to Section 4(2) of the MCMC Act 1998, MCMC shall perform its functions independently and is not subject to direction from any party, except where clearly stated in law.

“Therefore, verbal or public directions by the prime minister to MCMC regarding matters touching on personal political disputes are improper and contrary to the spirit of institutional independence,” the PAS information chief added.

The order came yesterday after Muhyiddin, who is also the Perikatan Nasional chairperson, denied making such a statement and challenged Anwar to provide evidence of his alleged defence of foreigners on the issue.

In a separate statement later, MCMC acknowledged the prime minister’s instruction and said it will take immediate action.

Fadhli argued that Anwar’s order could constitute abuse of office to secure political advantage and silence critics.

He said this action potentially falls under the scope of Section 23 of the MACC Act 2009, which provides for the offence of using office or public position to obtain bribes or benefits.

According to Fadhli, Anwar’s directive also potentially infringes upon Muhyiddin’s constitutional right to free speech as enshrined in Article 10(1)(a) of the Federal Constitution.

“Indeed, Article 8(1) guarantees that all persons are equal before the law and are entitled to fair protection. When government agencies are used to investigate individuals over political statements that do not breach the law, then this foundation of justice and equality has been tainted,” he added.

MACC should probe PM

Fadhli said the MACC should investigate Anwar for possible abuse of power under Section 23 of the MACC Act.

The provision deals with offences of using office or position for gratification.

He also suggested that a parliamentary special select committee or the Public Accounts Committee summon the MCMC and the Prime Minister’s Office to explain the directive on Muhyiddin.

“The reality is, if this is not an abuse of power, what other suitable name is there?

“Malaysia is a nation governed by law. No one, not even the prime minister, can act at will, using government agencies to silence political enemies. This action must be questioned and held accountable,” he added.

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