Sedition Act not passed by Parliament, violates constitution, court told

Dr Azmi Sharom (second from right) with his lawyer, Gobind Singh Deo (second from left), is trying to refer his sedition charges to the High Court today. – The Malaysian Insider pic by Afif Raiezal, September 25, 2014.

The colonial-era Sedition Act is unconstitutional as it was not a law passed by Parliament, law professor Dr Azmi Sharom's legal team told the Sessions Court today.

Gobind Singh Deo, who is representing Azmi in his application to refer his sedition charges to the High Court on the issue of constitutionality, said the Act failed to comply with Article 10 of the Federal Constitution, which deals with freedom of expression, assembly and association.

He said Article 10 (2) further states that any restrictions to these rights have to be passed by Parliament.

He said the current Sedition Act was not a pre-Merdeka law in its original form, which was the Sedition Ordinance.

"Azmi Sharom is not charged under the Ordinance, he is charged under the Sedition Act which is the product of the Law Reform Commission, so we have to decide if this particular product, which is not passed by Parliament, is constitutional," he said.

He said this test was never put before the courts before.

On September 2, Azmi, a lecturer with Universiti Malaya, was charged under Section 4(1)(b) and Section 4(1)(c) of the act over his comments in a news article titled "Take Perak crisis route for speedy end to Selangor impasse, Pakatan told".

If convicted under either charge, he will face a maximum fine of RM5,000 or a jail sentence of up to three years, or both.

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- TMI