Why sedition for RPK?
Raja Petra Kamaruddin will be charged in the KL Courts later today for sedition. While most people are focusing on justice for Altantuya, Pete’s fate or Najib/Rosmah connection - I’m going to focus on the legal aspects on this. The question I’ve been meaning to ask you guys is: Why is sedition being used to charge RPK especially over a matter that is not quite new nor exclusively seditious?
Let’s go back to basics.
Under Section 3(1) Sedition Act those acts defined as having a seditious tendency are acts with a tendency:
(a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
(b) to excite the subjects of the Ruler or the inhabitants of any territory governed by any government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part III of the Federal constitution or Article 152, 153 or 181 of the Federal Constitution.
It appears that Pete will most probably fall under (c) that is to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State over his article ‘Let’s send the Altantuya murderers to hell’ dated April 25 which implicated DPM Najib Razak and his wife Rosmah Mansor in the case.
It has also been reported that the boss behind the cybercrime operation, the infamous DSP Victor Sanjos of ‘I was in Australia so I had no blinking idea why my subordinates arrested Nat’ back in July last year. According to him, the police are investigating Pete under the Sedition Act 1948 for incitement and also because he “commented on a case before the court made its decision”. The police report was lodged by Supt Gan Teck Guan - the investigating officer of the Altantuya murder case.
So look, to comment about the merits of the case is considered sub judice and that is a decision for the courts under the Rules of the High Court 1980 Order 52. And if this boils down to the reputation of Najib and his wife, it should fall under the Defamation Act. So I’m actually boggled as to why Sedition Act is their weapon of choice. Maybe it is because the sentence is more than the first two Acts.
We don’t use words like ‘draconian’ and ‘arbitrary’ for fun in describing the Sedition Act. As such Section 4 lists the offences and sentences as:
(1) Any person who-
(a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act which has or which would, if done, have a seditious tendency;
(b) utters any seditious words;
(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
(d) imports any seditious publication,
shall be guilty of an offence and shall, on conviction, be liable for a first offence to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and, for a subsequent offence, to imprisonment for a term not exceeding five years; and any seditious publication found in the possession of the person or used in evidence at his trial shall be forfeited and may be destroyed or otherwise disposed of as the court directs.
If you look all the recent history of people charged for sedition - Lim Guan Eng over the allegations that Rahim Thamby Chik committing statutory rape, Karpal Singh for statements he had made in court about the alleged poisoning of his client, Anwar Ibrahim during the sodomy trial, Marina Yusoff ex-PKR vice president who said Umno staged the May 13 riots and the most recent sedition charges against the Hindraf 4 for statements made about ethnic cleansing by Umno - they were all dealt shadily and warranted little to no respect from citizens as to how the prosecutions were executed.
You would think we’d be matured to hear all the details in open court but no. You’ll end up reading about witnesses being pressured to retract their statements, cases being postponed until they’re struck out for losing direction and conspiracy theories abound. I can safely said this might just be the case for Pete. There will be high handling for sure, just what - we will have to wait and see.
While sedition does not allow for detention without trial unlike its sister legislation the Internal Security Act, what this sedition charge effectively does is bar Pete from ever writing on the Altantuya case or risk contempt. Much like Sarawak CM Taib Mahmud’s defamation suit against Malaysiakini as well as NSTP’s suit against Jeff and Rocky. Silence is powerful and that would truly render a blogger - who uses speech and words as communication mediums - useless.
Nat was also investigated under the Official Secrets Act and there he was remanded for four days only for the state to go silent after his release. No charges, no nothing. They had ABSOLUTELY ZIP on Nat. They knew it, we knew it. And don’t forget, while Johari Baharum denied the claims and cleared of any malpractices by the Attorney General, Nat was nonetheless taken in over something more sinister than a blog post. The ‘rumour’ that Johari was given RM5.5 million to let 3 underworld kingpins go has to be true in order to be an ‘official secret’ isn’t it? Perhaps Nat is luckier than Pete who has appeared to stepped on Najib’s toes that are arguably bigger than Johari and Musa Hassan’s. We are talking about the country’s number who is dying to step up to the #1 position. It’s serious business.
However, while Nat is a nobody, Pete isn’t. To silence Pete is going to be the upper political echelon’s intentions and scare the rest of us ‘monkeys’. They keep forgetting that we’re not going to scurry away back to our trees. In fact we’ll invade their homes and minds, more like. If the monkey king is caged, you can bet that a revolt is going to happen.
Comments over the Najib-Altantuya-Badawi connection has been circling around the internet for the longest time since the Mongolian was blown up in 2006. Questions over how the media knew that C4 was involved on the outset when the court now can barely differentiate one explosive from another already indicated the shocking lack of information available surrounding the killing. Sure, we still don’t know the exact details about the cause of death but why did the cops say C4 was used? Why didn’t the DPP not subpoena Najib as a witness so he can clear his name? Why did the judge fail to act when Najib’s name was implicated? Why were the Mongolians’ travel records erased from the immigration database as claimed? Why are we asking more questions instead of getting more answers? Why do we believe in rumours so much?
Pete may be charged with sedition but the government forget that while laws can stifle words, it can’t stifle ideas. Once the word is out, there is no taking them back. Even more so if the trial pans out into proving or disproving Pete, more worms in the can of dark conspiracies will be opened as to whether Najib lied about Altantuya or not.
Prosecution can only mean that someone fears Pete enough to subject him to a criminal charge and this a person is one without a conscience that another person’s freedom will be robbed if convicted. Who knows if this is Pak Lah’s way of telling Najib not to wrestle him for the Umno presidency? Who knows if Najib realises that expert witness will be called and that photo of Altantuya, Abdul Razak and a mystery “Najib Razak” *might* actually surface like how Brenden Pereira’s alleged plagiarism in the Jeff/Rocky-NSTP suit will reveal itself in open court one day?
The law is the legal way of doing the most unlawful and undemocratic things in the country. Whilst we always think about detention without trial, systematic discrimination, limiting of freedoms are ‘evil’ acts without giving much thought that such actions are in fact sanctioned by the law. “Unjust law is not law at all,” said St Augustine. It’s time we let the supporters of such laws know how much we disagree with them.
May 6th, 2008 at 12:33 pm
Thank you for sharing your thoughts on the legal aspect of this. It makes informative reading and further confirm my layman opinion that the police is playing real dirty here.
I pray for RPK and his family. Looks like there is no law in Malaysia. Those who are in power is the law. Sigh! When is this going to end?
May 6th, 2008 at 9:03 pm
This is exactly what I was thinking!
I personally think RPK made some dubious and inflammatory statements in the article, but the legal way to do this would be to charge him with libel, not sedition.
May 6th, 2008 at 10:12 pm
Tikus,
U sounds angry. No?
May 7th, 2008 at 12:46 am
[…] update: mine is but a short scribble. for some really good analysis, check out polytikus! […]
May 7th, 2008 at 1:35 am
Who would not sound angry when it involves the unfairness of our higher authority? Well, i give the damm BANANA a durian on their head for this matter!
May 7th, 2008 at 9:32 am
It sounds like this is going to bring another new beginning.
yc
May 7th, 2008 at 12:56 pm
Hi Polytikus,
That was a good, solid analysis.
Thanks.
May 7th, 2008 at 2:52 pm
That is a GOD one. I feel like i’ve learned something today :D
Meanwhile, i found this being strewn around in some blogs. Truth or not only God knows. But what do u think?
“He wrote about allegations against the IGP, the PDRM, and the AG. No sedition charge.
He wrote about Khairy in the Chronicles. No sedition charge.
He wrote about Badawi’s many alleged scandals. No sedition charge.
He wrote about SCOMI and Kamaluddin. No sedition charge.
He writes a tame article about Najib and Rosmah, that too backed by information revealed in sworn court testimony, and the sedition act is thrown at him.
That should instruct you as to who is the heart of darkness and a harbinger of the return to the dark ages of Mahathirism.
It is patently obvious that Badawi and cohorts, despite their faults and weaknesses, have a progressive open streak that places them relatively light years ahead of the Dark Lords of Mahathirism.
As Hishamuddin Rais’ earlier article states “Najib Pembawa Zaman Gelap”.
Hmmmm………
May 7th, 2008 at 6:09 pm
As I read your succint piece for RPK, I couldn’t help but be reminded of one of my favourite qoutes:
“The greatest reward of a person’s toil is not what rewards he/she gained from it, but how much he/she has grown by it. ”
However for the light of me, I could not remember who said those words. Never in the history of Malaysia is there a more greater and braver mortal than RPK. For all his deeds to save Malaysias and therefore Malaysia. may he find solace in growing ever wiser amd stronger.
I would also like to dedicate this quote to you, and all other true malaysians for their stand against oppression and deprivation of freedom.
Kattan
May 8th, 2008 at 9:08 pm
[…] being said, the charge under the Sedition Act, as Polytikus points out, is unwarranted and a travesty. Part of the problem is the loose wording of the Act: (c) to bring into hatred or contempt or to […]
August 19th, 2008 at 9:29 pm
LT,
The answer lies in this quotation by Lim Kit Siang (1999) when he said, “Malaysians have seen selective prosecution, selective justice and now selective release of government information to try to discredit the ruling coalition’s critics and opponents.”
The main culprit who started all these, is none other than the former Dr. M.
stanley
August 20th, 2008 at 10:20 am
Lets charge them all under the Seditions Act.
on May 11, 2008 at 12:36 AM
Dear Friends & Colleagues,
Raja Petra Kamaruddin was recently charged under the Sedition Act 1948, specifically under Section 4(1)(c) related to publishing a seditious article,
and DPM Najib Tun Razak is saying that DAP stalwart Karpal Singh too could be charged if the Attorney General felt it could jeopardize
national security, really now ?
The way I see it they are squeamish about using the ISA (Internal Security Act) which is under heavy criticism both locally and internationally,
because of the fact that one can be detained without being charged , so they feel using the seditions act they can bring legitimacy to an illegitimate act,
so they can sing the same old song ” It was done according to the law” .
I spent the last few days browsing through the Seditions Act 1948, and I cannot help but agree with that it is a cryptic , archaic and obscurantist
piece of legislation that has no place in the 21st century.
No less than Bar Council Chairman Ambiga Sreenivasan has called for it to be done away with.
As it is still “Law” I urge that police reports be made against the individuals I have appended below, who have potentially run foul of the act.
I have their names underlined in block letters, starting with Najib since he is so eager.
They should be charged under section 3(1), those acts defined as having a seditious tendency include:
3(1)(d) - to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
3(1)(e) - to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia;
So we should demand that Mr.Attorney General ,Tan Sri Abdul Gani Patail prosecutes or have him removed , how -you ask?
The Attorney General is the principal legal adviser to the Government. His role and responsibilities are provided for in Article 145 of the Federal Constitution. Article 145 of the Federal Constitution provides:
145(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.
145(5) Subject to Clause (6)*, the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine.
(6)* The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favorable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.
So Dear citizens , if he does not do his job, we should protest and send a memorandum to His Majesty, Yang di-Pertuan Agong .
NAJIB TUN RAZAK
————————————–
It is widely documented that in the days preceding Operasi Lallang in October 1987, Najib Tun Razak then as the head of UMNO Youth, made a speech at a rally in Kampung Baru where he vowed to bathe his keris in the blood of Malaysian Chinese citizens. And this speech was delivered against a background of banners by UMNO Youth saying such things as “MAY 13 HAS BEGUN” and “SOAK IT WITH CHINESE BLOOD”.
BADRUDDIN AMIRULDIN
—————————————
Member of Parliament (At the time MP for Jerai Kedah), Badruddin bin Amiruldin, has stated in the Dewan Rakyat house of Parliament that “Malaysia ini negara Islam” (”Malaysia is an Islamic state”) and that “you tidak suka, you keluar dari Malaysia!” (”You don’t like it, you get out of Malaysia!”) Badruddin refused to take back his statement
http://videos.apnicommunity.com/Video,Item,974713824.html
NAZRI AZIZ
————————————
In June 2005 Nazri caused controversy when he shouted the phrase “bloody racist” (or variants of it) 28 times in Parliament. A request by opposition Democratic Action Party (DAP) lawmaker Fong Po Kuan for Nazri to take back his comments went unheeded. The incident occurred during a debate on the Malaysian Medical Council’s derecognition of Crimea State Medical University (CSMU) medical degrees; most Malaysian students sent to study there were of Indian extraction.
WIRA ALI RUSTAM
———————————————
On 15 October 2007, the Chief Minister of Melaka, Mohd Ali Rustam, officiated the People’s Progressive Party’s state convention he said this:
“Umno has ruled Malaysia for 50 years, said Ali Rustam, and they can rule for another 50 years more. And Umno does not need PPP, MCA, MIC, Gerakan, Sabah, Sarawak or anyone else to do this.”
He also insulted the Indian community by proposing to revoke the citizenship of Hindraf protesters.
Recently, Malacca Chief Minister Mohd Ali Rustam started a blog.
Not long afterwards, he put up a posting on the Selangor centralized pig farm, which was entitled “Pig farm, a gift from the elections”.
He congratulated Selangor voters including Muslims for voting in the Pakatan Rakyat (PR) government, which decided to implement the project originally conceived by Barisan Nasional.
“The Selangor people should be happy because, very soon, they will receive an election gift of high value, for supporting their parties in the general election.”
The way I see it this remark can cause disharmony among the Malays and Chinese in Selangor.
KHAIRY JAMALUDDIN
—————————————
Khairy Jamaluddin, deputy youth chief of UMNO Youth in August 2006
“The internal split within Umno will weaken the party’s position and this will pave way for the Chinese Malaysians to make various demands to benefit their community.â€
Portraying the Chinese as the bogeyman to rally UMNO youth, I consider this highly irresponsible.
He also famously branded the “Mat Rempits” as “Mat Cemerlang” …..you may ask how is this seditious ? look at clause 3 (1) (d) of
the act it says ” to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong ”
well, that statement would certainly cause discontent and disaffection to the victims and families of Mat Rempit victims
who are afterall subjects of the Yang di-Pertuan Agong .
ABDUL GHANI OTHMAN
——————————————————-
Abdul Ghani Othman said in November 2006 there was no need to reinvent a national identity when the Constitution had clearly defined the various races that make up the citizens of this country.“Even if the term Bangsa Malaysia is to be used, it must only be applied in the context of all the peoples of Malaysia with the Malays as the pivotal race,†he said.Did he insinuate that other races are inferior citizens ? Hey , you upset us Abdul Ghani Othman.
By now you can see how cryptic,subjective and open to abuse this law is, but before it is struck of the statutes lets use it on the very same persons
who abuse it, I am reminded of this quote :-
Let me not be understood as saying that there are no bad laws, nor that grievances may not arise for the redress of which no legal provisions have been made. I mean to say no such thing. But I do mean to say that although bad laws, if they exist, should be repealed as soon as possible, still, while they continue in force, for the sake of example they should be religiously observed. [Abraham Lincoln]
Best Regards
Vijay Kumar Murugavell
http://www.facebook.com/topic.php?uid=6778953884&topic=4733