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Press Release: Sedition Act is an affront to democracy PDF Print E-mail
Contributed by Kesavan, Ragunath   
Tuesday, 17 March 2009 04:26pm
ImageThe Bar Council is shocked and troubled that the Attorney-General has proceeded to charge YB Karpal Singh under the Sedition Act 1948 (“Act”) for his statements on the issue of the removal of the Perak Menteri Besar Dato’ Seri Nizar Jamaluddin by HRH Sultan Azlan Shah and the events that have unfolded in that state.   

The Bar Council has been steadfast in its view that the Act is a draconian and archaic piece of legislation that undermines democratic institutions and is an absolute affront to democracy.  Along with other authoritarian and repressive legislation, the Act severely encroaches upon the public enjoyment and exercise of fundamental civil liberties.

The prosecution of YB Karpal Singh will be widely perceived as being selective and an attempt to pacify the partisan calls from certain influential sections within UMNO who were pushing for his prosecution.  They have even outrageously called for the revocation of his citizenship.

It is abundantly clear that YB Karpal Singh had only voiced his opinion that the decision of a Ruler of a State in this area of constitutional law and practice is justiciable.  At no time did he voice disrespect for or challenge the institution of the monarchy in any way.  True to his calling as an advocate and solicitor, YB Karpal Singh had, without fear or favour, spoken of the possibility of a legal remedy and not advocated any recourse outside the ambit of our Constitution.  This is surely permissible under the Constitution and cannot, by any stretch of the imagination, amount to sedition.

Many issues of public concern have arisen in the wake of the unprecedented events unfolding in Perak.  Legal and public opinion are divided as to what is legally permissible and what is morally right.  We urge the government to demonstrate its commitment to the rule of law and to democratic processes by encouraging open discourse on issues of concern to the Malaysian public.  

Any attempt to stifle public opinion by resorting to the Act is a sure act of regression that is antithetical to democratic principles.

We strongly urge the government to seriously review the Act with the aim of its eventual total repeal.  We are concerned with the series of recent prosecutions against those exercising the freedom of speech and call for an immediate end to such harassment.  The charge against YB Karpal Singh must be immediately withdrawn.


Ragunath Kesavan
President
Malaysian Bar

17 March 2009
Comments (4)Add Comment
Selective persecution!
written by Seira Sacha Binti Abu Bakar, Tuesday, March 17 2009 05:06 pm

Another draconian Act to stifle freedom of speech in this country. Another perfect example of how Acts of Parliament are used at the whims and fancy of the ruling government. I support the call to review the Sedition Act.

Nike ... Just Do It !
written by Annou Anselm a/l Joseph Xavier, Tuesday, March 17 2009 05:50 pm

Dear President Ragu,
A timely and good press statement.
We should not just review ISA...but just repeal it.

Bar Council anti-government & pro-opposition?
written by Choi Kian You, Tuesday, March 17 2009 07:46 pm

Now, let's put a bet whether some wise person will come out and say that 'The Bar Council is not suppose to be partisan, but it is now acting like pro-opposition!!! Take action against the Bar, it is not above the law!!!' Sounds familiar? I bet.

I know I am not the first person to feel this, but I will still say that this is the beginning for more worse things under the upcoming regime. We must all stand strong to face it.

MANA DIA MERDEKA KITA?
written by Stephen Tan Ban Cheng, Wednesday, March 18 2009 06:07 am

Anyone, just anyone who can derive gratification in the use of the draconian Sedition Act against his fellow human being can only be sick in the head. He or she needs help.

Yes, this grotesquely inhuman statute should be repealed eons ago, if we indeed respect our Creator and if indeed we are serious about giving merdeka or freedom to our fellow Malaysians.

And, slightly off topic, the suspension of a duly elected representative for one year is just not on. That this unconscionable event has occurred displays how off the mark, how disproportionate and how incongruent our legislature has become.

To put it in a typical British understatement, where, just where is the respect for the ballot? And where has the bird called proportionality flown to? The punishment must fit the offence - and we have not even conceded that an offence has been committed.

Indeed, certain politicians, left to their devices, do taint beyond all recognition the nobility of politics and all that it stands for.

Stephen Tan Ban Cheng


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