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May 9, 2008

Sedition Act Infringes on Constitutional Right of Freedom of Speech

Press Release: Sedition Act Infringes on Constitutional Right of Freedom of Speech
Friday, 09 May 2008

The Bar Council notes with alarm the report in today’s New Straits Times that the Prime Minister has instructed a police report to be lodged against DAP chairman Karpal Singh.

This move, following the recent charges of sedition against Raja Petra and Syed Akbar Ali, signals a disturbing trend towards the use of archaic and oppressive legislation such as the Sedition Act as a means of stifling debate and exchange of opinions.

Many issues of public and constitutional law including state law and convention that have hitherto not arisen, have understandably surfaced since the March 8 general elections.

One recent controversy was over the appointment of the Trengganu Menteri Besar, when many members of the Government and public took strong positions in relation to the actions of the state’s Regent and its Regency Advisory Council, including the position that the appointment of the Chief Minister was unconstitutional. Strong views were similarly expressed in respect of the appointment of the Perlis Menteri Besar. Likewise the views expressed by Karpal Singh are his opinion on the legal issues relating to the transfer of the Perak Religious Department director Datuk Jamry Sury. Using the Sedition Act against him is a stifling of healthy debate that has in fact already been taking place over the last few months in other instances.

We would in the circumstances urge that the oppressive Sedition Act not be used against Karpal Singh or anyone else exercising their constitutional right of freedom of speech.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar

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