Archive for category Law & Order
To end Nancy’s agony, the Cabinet tomorrow should (i) reaffirm Najib’s pledge to repeal the Sedition Act and (ii) drop all sedition charges in court
Posted by Kit in Constitution, Law & Order, Najib Razak, Parliament on Thursday, 16 October 2014
For the past ten days, the Minister in the Prime Minister’s Department Nancy Shukri has been at the receiving end of national brickbats, scorn and even opprobrium for her outrageous parliamentary answer to the Penang Chief Minister and Bagan MP Lim Guan Eng that Perkasa President Datuk Ibrahim Ali was not prosecuted for his threat to burn the Malay-language Bible as Ibrahim was defending the sanctity of Islam.
Nancy added fuel to the national firestorm ignited by her answer when she ill-advisedly sought to clarify later with an even more outrageous justification – that Ibrahim’s action was protected by Article 11(4) of the Malaysian Constitution.
These are undoubtedly the worst ten days in Nancy’s political life.
To end Nancy’s agony and ordeal, the Cabinet tomorrow should step in with two decisions, firstly to reaffirm the pledge given by the Prime Minister Datuk Seri Najib Razak in 2012 to repeal the colonial Sedition Act; and secondly, to drop all sedition charges and prosecutions currently in court. Read the rest of this entry »
Explain inaction on racial, religious provocation cases, Bar asks police, A-G
Posted by Kit in Constitution, Law & Order, Police on Thursday, 16 October 2014
By V. ANBALAGAN
The Malaysian Insider
15 October 2014
Ahead of its peaceful walk to protest the Sedition Act tomorrow, the Malaysian Bar has a list of at least a dozen cases of provocative racial and religious remarks since 2012, and wants the police and Attorney-General to explain the status of each to the public.
The list of cases was appended in a document when the Bar passed a resolution at its extraordinary general meeting (EGM) on September 19 that the Sedition Act should be repealed and a protest march be held.
Its president Christopher Leong said it was not for de facto Law Minister Datuk Nancy Shukri to speak of these matters that came under the responsibility of these agencies.
“It is for the police to explain their non-action while the Attorney-General’s Chambers on why it refused to prosecute certain cases,” Leong told The Malaysian Insider.
He said this in response to the barrage of criticism against Nancy, who last week replied on behalf of the public prosecutor that no charges would be framed against Perkasa president Datuk Ibrahim Ali for his statement last year that Malay Bibles should be burnt. Read the rest of this entry »
Jurists worldwide insist Putrajaya protect lawyers rallying against Sedition Act
Posted by Kit in Constitution, Law & Order, Najib Razak on Thursday, 16 October 2014
Malay Mail Online
October 15, 2014
KUALA LUMPUR, Oct 15 – An international jurists group urged Putrajaya today to ensure no “police abuse” and disruptions occur during the Malaysian Bar’s planned protest against the Sedition Act 1948 tomorrow.
The International Commission of Jurists (ICJ) — comprising lawyers, judges and academics — noted that a rally against the colonial-era law that was organised by local human rights group Suaram in Penang last Sunday was disrupted by a rival group.
“The Malaysian government is responsible for protecting the rights of those holding dissenting views, and that includes protecting peaceful protesters from police abuse as well as from violent counter protesters,” ICJ’s international legal advisor on Southeast Asia Emerlynne Gil said in a statement today.
“The Sedition Act is being misused with increasing frequency to muzzle legal professionals who express their views about existing laws,” she added. Read the rest of this entry »
In rare march, lawyers press Putrajaya to show door to Sedition Act
Posted by Kit in Constitution, Law & Order, Najib Razak on Thursday, 16 October 2014
By Ida Lim
Malay Mail Online
October 16, 2014
KUALA LUMPUR, Oct 16 ― Malaysian lawyers will trade the courtroom for the streets today, in an uncommon march by the legal profession to demand Putrajaya honour its two-year old pledge to repeal the Sedition Act 1948.
The rare spectacle is set to add to mounting pressure on the government to abolish the colonial-era law whose use in an ongoing crackdown has drawn criticism from both local and international groups including the United Nations.
Christopher Leong, who heads the Malaysian Bar that represents 16,000 lawyers in peninsular Malaysia, pointed out that the prime minister himself has asked moderates to speak up instead of ceding public space to extremists.
“This walk by the Malaysian Bar is part of our response to that call by the prime minister for moderates to stand up and speak out,” Leong said in an interview with local radio station BFM yesterday, adding later that the professional body believes that the national leader was right to decide to pledge the abolition of the law. Read the rest of this entry »
Najib called to account for Sedition Act by Commonwealth lawyers
Posted by Kit in Constitution, Law & Order, Najib Razak on Thursday, 16 October 2014
The Malaysian Insider
15 October 2014
Ahead of the Malaysian Bar’s walk to protest the Sedition Act tomorrow, the German Federal Bar has expressed concern over the use of the law in a letter to Datuk Seri Najib Razak, asking the prime minister for his stand on its widespread against the government’s critics.
The German Bar’s Dr Martin Abend, in a letter dated yesterday, noted that the act had been applied increasingly in Malaysia in the last few months, including against lawyers for voicing their legal opinions.
Abend said that in one particular case, a lawyer’s house was searched and his mobile phone and his laptop seized.
“The German Federal Bar is deeply concerned about these current developments in Malaysia.
“We kindly ask you to inform us if the information available to us is correct and how you view the situation,” Abend said in the letter which was posted on the Malaysian Bar’s website.
He also urged Najib to ensure that the Sedition Act would not be applied to facts relating to the freedom of expression. Read the rest of this entry »
Zahid to be charged with sedition? Tell it to the Marines!
Posted by Kit in Law & Order, Mahathir, Najib Razak, Police, Zahid on Wednesday, 15 October 2014
The Inspector-General of Police Tan Sri Khalid Abdu Bakar announced this morning that the police have recorded a statement from Home Minister, Datuk Seri Ahmad Zahid Hamidi over his speech at the Pengkalan Kubor by-election which Perak DAP and DAPSY had made police reports as being “seditious”.
Perak DAP State Secretary Wong Kah Woh and DAPSY chief Teoh Kok Seong lodged the police reports more than three weeks ago on Zahid’s
“seditious” speech inciting racial sentiments, and it makes a total mockery of Zahid’s public oath that the police would investigate “within 24 hours” any sedition police report when the police took more than three weeks to take a statement from the Home Minister, who is the subject matter of the sedition police report.
The timing of the IGP’s announcement on the eve of the Bar Council’s “Solidarity Walk” against the recent blitzkrieg of sedition prosecutions against Pakatan Rakyat leaders, activists and intellectuals is also intriguing – is it to make the point that the police are even-handed and will investigate anyone who is the subject of a sedition police report?
If so, can the police explain why it has not yet investigated the Prime Minister Datuk Seri Najib Razak and the former Prime Minister Tun Mahathir although the DAP MP for Segambut Lim Lip Eng lodged separate sedition police reports against the two on Sept. 24 more than three weeks ago? Read the rest of this entry »
Is reasoning with Najib and UMNO/BN government about iniquities and injustices of Sedition Act a dialogue with the deaf?
Posted by Kit in Constitution, Law & Order, Najib Razak on Wednesday, 15 October 2014
Rank and blatant injustices seem to have become the order of the day in Malaysia – five years after Datuk Seri Najib Razak’s premiership.
The latest example is the police arrest of a protestor who held a slipper against a poster of Najib during a protest outside Parliament last Wednesday.
In fact, nobody knew about the incident until the photograph of the man placing his slipper against the Prime Minister’s poster was circulated online by UMNO/BN cybertroopers.
What the protestor did was wrong but all over the country today, Malaysians are asking what type of justice we have in the country when a person could be arrested for being photographed holding a slipper against a poster of the Prime Minister during a protest against fuel subsidy cuts and the goods and services tax (GST) when the Minister in the Prime Minister’s Department, Nancy Shukri can tell Parliament that Perkasa President Ibrahim Ali would not be charged over his threat to burn the Malay-language Bible as Ibrahim Ali was defending the sanctity of Islam!
What is worse, Nancy compounded her lack of understanding and insensitivity of the gross injustice of her parliamentary statement with the subsequent clarification that Ibrahim Ali’s action was protected by Article 11(4) of the Malaysian Constitution!
If Ibrahim Ali’s threat to burn the Malay-language Bible is allegedly protected by Article 11(4) of the Constitution, is the protestor photographed holding a slipper against a poster of the Prime Minister protected by Article 10 (1) on freedom of expression? Read the rest of this entry »
Nancy Shukri has become the template for MCA and Gerakan Ministers seeking to deny the truth instead of facing up to harsh realities
Posted by Kit in Gerakan, Law & Order, MCA, Najib Razak on Tuesday, 14 October 2014
The Minister in the Prime Ministers’ Department, Nancy Shukri, who was in the eye of a national storm for a whole week for her parliamentary answer to the Penang Chief Minister and Bagan MP, Lim Guan Eng, why Perkasa President, Ibrahim Ali was not charged over his threat to burn the Malay-language Bible seems to have become the template and model for MCA and Gerakan Ministers and leaders seeking to deny the truth instead of facing up to harsh realities.
The storm over Nancy’s outrageous reply why Ibrahim Ali was not charged will not end unless and until Nancy faces up to the harsh reality that neither common sense nor the law of the land can accept the defence of Islam or Federal Constitution Article 11(4) as valid reasons to justify threats to burn the Malay-language Bible or any sacred religious scripture enjoying immunity and impunity from lawful prosecutions or sanctions.
Have Malaysian lawlessness reach a stage where the threat to commit crime, subversion or even terrorism can be justified on the ground of defending the sanctity of any religion or the Constitution?
Nancy still owes Parliament and the nation a full apology for her shocking reply and subsequent explanation over why Ibrahim was not charged for his threat to burn the Malay-language Bible. Read the rest of this entry »
The rise of extremism and death of reason
Posted by Kit in Law & Order, nation building on Monday, 13 October 2014
– Syerleena Abdul Rashid
The Malaysian Insider
13 October 2014
The hostility and animosity targeted at fellow Malaysians whose opposing views may not be in line with the doctrines endorsed by the ruling elite, is dangerously becoming a standardised template used to instil fear in would-be “dissenters”.
Ironically, just a few weeks ago, our prime minister told the world there was a need to “break the cycle where one group gains power only to wield it against another” and to provide an “inclusive” platform that reflects the “pluralistic society” we live in. His speech was nothing more than yet another lip service to appease and deceive international critics – an ideological dishonesty Malaysians have grown to love and hate.
On October 12, 2014, Suaram and GHAH (Gabungan Hapuskan Akta Hasutan) organised a gathering in Penang to call for the abolishment of the Sedition Act. What should have been a peaceful gathering turned into a whirlwind pandemonium, instigated by none other than the usual suspects – hired hooligans from the far right. Just a few minutes after the event started, a mob of Malay men disrupted the event with overzealous fervour, reaffirming that the threat of extremism is fast becoming a disease that may eventually destroy our country.
The ruling elite saturate our society with fear. They tell us to fear the loss of certain socio-political rights, the Communist threat, the Christian agenda and other creative fibs they conjure in order to remain in power. They exploit the fears of those who are most gullible and uninformed. For the rest of us, we can see through the lies and recognise the price our future generation will pay if we allow the rot to perpetuate further. Read the rest of this entry »
Can Zahid also swear to God that police will commence investigations using the Sedition Act “within 24 hours” of a complaint against UMNO Ministers and leaders, including himself?
Posted by Kit in Law & Order, Police, Zahid on Tuesday, 23 September 2014
Yesterday, Malaysiakini in its report “Zahid swears to God sedition probes to go on” quoted the Home Minister, Datuk Seri Zahid Hamidi taking an oath to God that police will commence investigations using the Sedition Act “within 24 hours” of a complaint.
In a speech at an UMNO Lumut event on Sept. 20, Zahid said: “As the minister responsible for the Royal Malaysian Police, wallahi billahi tallahi (I swear to Allah) that if police reports are lodged against any individual who impinged on a sensitive issue, the police will start investigations immediately, if possible within 24 hours.”
Zahid said although he can promise an investigation, the decision on whether or not to prosecute can only be made by the attorney-general.
I want to ask Zahid whether he can also swear to God that police will commence investigations using the Sedition Act “within 24 hours” of a complaint against UMNO Ministers and leaders, including himself? Read the rest of this entry »
Will Najib revisit his two earlier speeches to the UN General Assembly and admit the failure even in Malaysia of his initiative on the Global Movement of Moderates?
Posted by Kit in Law & Order, Najib Razak on Sunday, 21 September 2014
The Prime Minister, Datuk Seri Najib Razak, will be making his third address to the United Nations General Assembly (UNGA) in New York on Friday since becoming the sixth Prime Minister of Malaysia in 2009.
The thrust of his two earlier UNGA speeches were his initiative on the Global Movement of Moderates for “moderates of all countries, of all religions to take back the centre, to reclaim the agenda for peace and pragmatism, and to marginalize the extremists”.
Or to use Najib’s own words, a clarion call “to reject extremism in all its forms because the real divide is not between East and West or between developed and developing worlds or between Muslims, Christians and Jews. It is between moderates and extremists of all religions”.
In his September 2010 speech in the United Nations, Najib even offered Malaysia as an example of a country practicing such principles of moderation – “a multi-racial, multi-religious, multi-cultural and democratic society that has benefited from the positive interaction and synergy between the various communities.” Read the rest of this entry »
Congratulations Najib for the Democracy Setback of the Decade and making moderation sedition and his brainchild the Global Movement of Moderates virtually a seditious organisation
Posted by Kit in Crime, Law & Order, Najib Razak on Thursday, 18 September 2014
The Cabinet meeting yesterday has come and gone and there are no signs that it has achieved any historic distinction when Cabinet Ministers drew the line in the sand to declare their repudiation of the sedition dragnet in the past month and their commitment to move forward to be among the world’s best democracies and not going backwards to be among the world’s worst democracies.
There are no inklings that the Minister in the Prime Minister’s Department, Dato Sri Idris Jala had raised serious objection, led alone led the charge of conscientious and conviction Ministers in their opposition to the obnoxious dragnet of the draconian sedition law to stifle dissent and criticism to crate a climate of fear in the country reminiscent of the Internal Security Act (ISA) days especially during the th 22-year Mahathir premirrship.
On the contrary, congratulations are in order to the Primer Minister, Datuk Seri Najib Razak on three grounds: Read the rest of this entry »
Saying one thing but doing another
Posted by Kit in Human Rights, Law & Order on Thursday, 18 September 2014
Terence Fernandez
The Malaysian Insider
17 September 2014
“Sedition and seditious and defamatory libel are arcane offences – from a bygone era when freedom of expression wasn’t seen as the right it is today.
“Freedom of speech is now seen as the touchstone of democracy, and the ability of individuals to criticise the state is crucial to maintaining freedom.
“The existence of these obsolete offences in this country had been used by other countries as justification for the retention of similar laws which have been actively used to suppress political dissent and restrict press freedom.”
The above statement is the words of UK justice minister Claire Ward in 2009 when she announced that the government was doing away with sedition offences. Read the rest of this entry »
All Cabinet Ministers on Wednesday must decide whether they want a new Attorney-General who is committed to the goal of making Malaysia the “best democracy in the world” or they support the current sedition dragnet and “white terror” to turn Malaysia into the world’s worst democracy
Posted by Kit in Constitution, Crime, Law & Order, Police on Monday, 15 September 2014
The time has come for every Cabinet Minister to take a stand whether he or she supports the goal as promised by the Prime Minister, Datuk Seri Najib Razak, to make Malaysia the world’s best democracy or the reverse – supporting instead the sedition dragnet and “white terror” unleashed in the past month to turn Malaysia into the world’s worst democracy.
The country should be spared the farce of the Attorney-General Tan Sri Abdul Gani Patail announcing last Tuesday that his Chambers will review the cases of several individuals who were recently charged with sedition, including academician Dr. Azmi Sharom, followed by the outrageous response by the Home Minister, Datuk Seri Zahid Hamidi that the police will not cease and desist from sedition investigations aimed at suppressing criticism and dissent.
In the first place, was Gani sincere and truthful when he said that his Chambers would review the blitz of sedition charges? Let the Attorney-General announce details of such review, who are the officers in his Chambers who are conducting the review, when the review started and the terms of reference including time-frame of such review.
In fact, Gani owes the Malaysian people a full explanation why he gave the green light for such a spree of sedition charges as well as full accountability as to why those responsible in openly inciting racial and religious hatred, ill-will and conflict have been spared from any prosecution, despite the lodging of many police reports against the culprits? Read the rest of this entry »
How many more will be charged with sedition?
Posted by Kit in Constitution, Law & Order on Monday, 15 September 2014
– Ramon Navaratnam
The Malaysian Insider
15 September 2014
Most thinking Malaysians are getting increasingly concerned with the rapid pace of sedition charges levelled at well-known and well-meaning Malaysian personalities and intellectuals.
At the same time, there is considerable anxiety over the relative indifference and excessive tolerance shown to some obvious violators of the very open and loosely worded Sedition Act, which deeds urgent revision or replacement.
We therefore hope that the Attorney-General and the police will exercise more care to ensure that the growing public perception of practising double standards and selective justice will be addressed as a matter of high priority.
If honest opinions expressed in the interests of public debate and intellectual discussion on national policies and their proper implementation can be discouraged and even curtailed so harshly, then where and how is democracy to grow and mature in Malaysia? Read the rest of this entry »
Call for immediate halt to the sedition dragnet against dissent and criticism and withdrawal of all sedition charges as Mahathir and many UMNO Ministers and leaders should be the first to be hauled to court for sedition if the current sedition blitz not afflicted by sins of discriminatory bias and malicious/selective prosecution
Posted by Kit in Crime, Law & Order on Saturday, 13 September 2014
On the way to Mersing, I have learnt of two latest victims in the crackdown of the sedition dragnet against dissent and criticism, which have put Malaysia back on the radar of unfavourable international media attention, this time for high-handed, undemocratic and discriminatory use of repressive colonial laws against freedom of speech and expression.
The two latest victims are a lawyer and an Opposition political leader.
The first is Edmund Bon, currently overseas but who is being called up by the police for sedition for comments he made in a news article in The Malaysian Insider in January on whether non-Muslims should adhere to a fatwa and the second is another lawyer but who is also the Johor PKR vice chairman Hassan Karim, whose laptop and mobile phone were seized by the police in his Pontian home this afternoon in an ongoing sedition probe against him.
They join a lengthening list of Pakatan Rakyat Members of Parliament and State Assemblymen like Teresa Kok (DAP – Seputeh), Khalid Samad (PAS – Shah Alam), N. Surendran (PKR – Padang Serai), Tian Chua (PKR – Batu), RSN Rayer (DAP – Seri Delima, Penang), academician Azmi Sharom, journalist Susan Loone, activists Safwan Anang and Ali Abdul Jalil, preacher Wan Ji Wan Hussein and religious teacher Abu Bakar Baikalani Abu Hassan who have been hauled to court under the repressive colonial law of Sedition Act. Read the rest of this entry »
How far back do we go before being seditious becomes ridiculous?
Posted by Kit in Court, Judiciary, Law & Order on Thursday, 11 September 2014
COMMENTARY BY THE MALAYSIAN INSIDER
10 September 2014
Today, a Malaysian preacher was charged with sedition for something he wrote in his Facebook account in November 2012. That is about 22 months ago.
How far will the authorities go back to decide what is seditious and what is not?
Would what Tunku Abdul Rahman say about seeking independence or what Tun Dr Mahathir Mohamad said in the constitutional crisis of 1983 and 1993 be considered seditious under the Sedition Act 1948? Read the rest of this entry »
Najib premiership has not gone bonkers – there is logic in the madness as ISA is not the only route to authoritarianism
Posted by Kit in Law & Order, Najib Razak on Wednesday, 3 September 2014
Many Malaysians are asking whether the Najib administration has gone bonkers with the political dysfunction of his five-year premiership most conspicuous on the occasion of the 57th Merdeka Day celebrations, viz:
• Prime Minister, Datuk Seri Najib Razak’s break with the tradition of pre-recording and broadcast of Merdeka Day message to have “eye-to-eye, heart-to-heart” connection with all Malaysians in a “live” speech with the triple theme and thrust of unity, confidence and prosperity totally ignored by Umno Ministers and leaders who before and after Merdeka Day on August 31 continued to fan the flames of national disunity and racial discord by propagating the reckless and baseless myth that the Malay race and Islam are under attack.
• Najib’s pledge to repeal the Sedition Act and to make Malaysia “the best democracy in the world” torn into shreds with him presiding over the most number of sedition prosecutions against Opposition leaders and dissent under any Malaysian Prime Minister, while UMNO Ministers, leaders, UMNO cybertroopers and their front organisations allowed unchecked to spout incendiary and seditious utterances with immunity and impunity. Read the rest of this entry »
After ‘attack’ on academic freedom, UM students to rally forth
Posted by Kit in Law & Order, university on Wednesday, 3 September 2014
The Malay Mail Online
By Ida Lim
September 3, 2014
KUALA LUMPUR, Sept 3 — Angered by the sedition prosecution of their vocal law lecturer Dr Azmi Sharom, a group of University of Malaya (UM) scholars will lead a rally here next Wednesday to reclaim fully their academic freedom.
Student leader Vince Tan said the charge against Azmi over the latter’s comments on the 2009 Perak constitutional crisis, is an “attack” on institutions of higher learning, and voiced concern at the growing repression of intellectual thinking.
“We feel there is an attack on academic freedom. We have come to a level that is beyond acceptable, because academic freedom in UM and Malaysia has gone so low. (An) academic can be charged for just stating an opinion in the field of his study.
“So we are coming out with a protest together with academics in UM, September 10, 1pm to 2pm,” the secretary-general of student rights group Progressive University of Malaya told Malay Mail Online when met at the court complex here yesterday. Read the rest of this entry »
Cabinet meeting tomorrow must let Malaysians know whether the Barisan Nasional Malaysian government has gone bonkers
Posted by Kit in Crime, Law & Order, Najib Razak, university on Tuesday, 2 September 2014
The top agenda for the Cabinet meeting tomorrow should be to answer the question right-thinking Malaysians have been asking the past week whether the Malaysian government has gone bonkers.
The week leading to the 57th Merdeka Anniversary gives new cause for concern as to the direction and future of Malaysia under the premiership of Datuk Seri Najib Razak.
Of special concern are the speeches delivered at UMNO divisional meetings. I need refer only to three of them.
The first was the reckless and irresponsible speech by the Negri Sembilan Mentri Besar Datuk Seri Mohamad Hassan at the Rembau UMNO division meeting, concocting the lie that “three days after the opposition (Pakatan Rakyat) forms the Federal Government, it will have its first cabinet meeting, where the main agenda will be the reunion of Singapore with Malaysia” coupled with the preposterous and utterly baseless allegation that this could be done (allegedly involving an increase of 89 non-Malay parliamentary seats) without having to amend the Federal Constitution in Parliament.
This was followed by the Minister for Agriculture and Agro-based Industry, Datuk Seri Ismail Sabri Yaakob whose speech to the Gopeng UMNO delegates meeting on Merdeka eve indulged in fear-mongering alleging that the Malays were “under attack” in Malaysia.
Ismail lamented that the Malay race is divided into ‘Umno Malays’, ‘PAS Malays’, ‘PKR Malays’ and ‘DAP Malays’ when it is imperative that the Malay race should stand united as they were when the country achieved independence. Read the rest of this entry »