Lawyers For Liberty (LFL) refers to the news yesterday that prominent opposition activist Badrul Hisham Shaharin (Chegubard) was arrested by police under the Sedition Act 1948 for whipping an effigy of Prime Minister Anwar Ibrahim during the Turun Anwar (Anwar, step down) rally.
The arrest and investigation of Chegubard is blatantly unlawful and an abuse of power. There is no criminal offence in flogging an effigy at a protest. It is done to convey a message to the government of public discontent with the actions and policies of the government or the prime minister. It is an entirely legitimate form of protest.
The use of effigies, banners and caricatures in public demonstrations are an essential feature of democracy worldwide.
Members of government like Adam Adli and many others have been singing praises to the “Madani” (civil and trustworthy) government for upholding democracy by “allowing” the Turun Anwar rally to go.
At the same time, police suddenly raided Chegubard’s house and picked him up, even though he was scheduled to meet them the next day.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara (ALIRAN), Maybank a/c 507246118995 or CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
Is this a Jekyll and Hyde government? There is an Orwellian disjunct between the pleasant-sounding words of the Madani leaders and their swift suppression of dissent by police powers.
The right to freedom of assembly is rendered meaningless if the public are subsequently arrested for exercising their freedom of speech and expression.
No amount of posturing can change the fact that the Madani government has shown little respect for democracy. Madani leaders are claiming to uphold it, yet in the days leading up to the rally, the Attorney General’s Chambers and the chief secretary actively warned and threatened civil servants against joining the protest.
Madani leaders take credit for the fact that they rally was allowed to proceed. But, in fact, it is an exercise of a constitutionally guaranteed right under Article 10(1)(b) of the Federal Constitution and the Peaceful Assembly Act 2012 – which is not for the government to “allow”.
They boast that people can now protest without fear of reprisals under their rule, yet are quick to go after an activist who criticised the PM at the rally.
As long as the Sedition Act remains in our criminal law, the Madani government cannot claim it upholds democracy. The constitutional right to freedom of speech and peaceful assembly remains under threat as long as draconian laws continue to exist, to be wielded by the government against any who criticise and oppose them.
LFL reminds the government that under our Constitution, the PM has no special protection from criticism, ridicule or insults.
Have the members of Pakatan Harapan forgotten how they rallied behind activist Fahmi Reza when he was charged for drawing a clown caricature of the then Prime Minister Najib Razak?
Similarly, PKR deputy president Nurul Izzah Anwar – when investigated under Section 233 of the Communications and Multimedia Act in 2016 for reposting Najib’s clown caricature on her social media – condemned the investigation against her as an act of intimidation.
Pakatan Harapan leaders appear to have developed collective amnesia over the position they once took over freedom of speech and expression. Because today, these same leaders are silent over the arrest of Chegubard under the Sedition Act for his exercise of freedom of expression in the Turun Anwar rally.
LFL demands that the government ensure that the investigation of Chegubard is dropped immediately, that he is released from custody, and that it institutes a moratorium against the use of the Sedition Act 1948 and takes immediate steps to repeal it in this session of Parliament. – LFL
Zaid Malek is is the director of Lawyers For Liberty.
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
