Jelutong MP RSN Rayer has questioned the differing police action following the arrests of two podcasters for content that allegedly contained elements that could stir racial and religious tensions.

In a statement today, the DAP lawmaker urged Home Minister Saifuddin Nasution Ismail and the inspector-general of police to explain why the two podcasters were remanded.

“Podcasting is not a crime. Political discourse must not be governed by fear of reprisals.

“This does not reflect the spirit of ‘reformasi’ or reforms,” Rayer (above) said.

He contrasted the police action with their handling of preacher Ridhuan Tee Abdullah, whom he accused of repeatedly making racially and religiously divisive Facebook postings.

Preacher Ridhuan Tee Abdullah

Rayer cited a recent police report lodged by PKR member Rozan Azen Mat Rasip against Ridhuan and asked what action had been taken.

He also alleged that Ridhuan had labelled Malay Pakatan Harapan supporters as “barua” (lackeys) and non-Malay supporters as “kafir harbi” (belligerent infidels), arguing that this warranted an arrest for investigation.

“How many police reports would it take before Ridhuan is arrested?” he asked.

‘Full cooperation given’

Yesterday, Klang Magistrate’s Court reportedly granted police a two-day remand order against the podcasters, who remain in custody at the Klang Utara district police station.

The duo was being investigated under Section 504 of the Penal Code, Section 4(1) of the Sedition Act 1948, Sections 298 and 505(b) of the Penal Code, and Section 233 of the Communications and Multimedia Act 1998.

Taking to Facebook yesterday, lawyer Siti Kasim, who is representing one of the two podcasters, said they were arrested despite having given the police their full cooperation.

“What makes this case even more troubling is that both individuals had been giving their full cooperation to the police throughout the investigation.

“They did not abscond. They did not refuse to attend when required. They did not obstruct the investigation,” Siti said.

Lawyer Siti Kasim

She also questioned why arrest and remand were necessary when both men had been cooperating with investigators.

“The power to arrest should not be exercised simply because it is available; it should be exercised only when it is genuinely necessary,” she added.

Siti argued that arrest and remand should not be the first response to allegedly controversial speech, unless there was a genuine risk of suspects absconding, tampering with evidence, influencing witnesses or otherwise frustrating an investigation.

“Remand is an investigative measure, not a form of punishment or a means to send a message,” she said.

Jempol MP case

Rayer similarly argued that controversial or strongly expressed political opinions should not automatically become criminal matters warranting arrest and detention.

Rayer also sought an update on his police report against Jempol MP Shamsulkahar Deli over remarks allegedly made during the recent Negeri Sembilan election campaign.

Jempol MP Shamsulkahar Deli

He claimed the Umno lawmaker had accused DAP of being responsible for an edited image depicting a pig in royal attire and of targeting the Selangor sultan.

“Why hasn’t the MP for Jempol from Umno been arrested until now despite his malicious, reckless, dangerous and racially divisive speech?” Rayer asked.

He said the Federal Constitution guaranteed equality before the law and called for an end to what he described as selective police action.