On 9 March, Center to Combat Corruption and Cronyism (C4 Center) CEO Pushpan Murugiah received a notice pursuant to Section 112 of the Criminal Procedure Code, requiring him to appear at the Bukit Aman police headquarters for examination on the following day.
The investigating officer was subsequently contacted for further details, and it was revealed that the investigations were being conducted for an offence under Section 124B of the Penal Code, ie activity detrimental to parliamentary democracy.
On 10 Mar, Pushpan’s examination by the police was held and lasted about
1.5 hours. The lines of questioning revealed some concerning issues regarding the police’s perspectives on freedom of speech and expression by political activists and commentators.
Several other individuals had also been summoned to Bukit Aman for the investigation, including political commentators and academics.
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The investigation centred on allegations of high-powered individuals seeking to topple the government through collusion with international actors.
Pushpan was apparently being examined because his name had appeared in an email which was allegedly salient to the offence under investigation.
Yet the line of questioning went far beyond the email alone. The questions posed to Pushpan sought to scrutinise the operations and autonomy of C4 Center; with queries on sources of funding and whether the organisation had received instructions to say or do certain things.
Pushpan was also challenged on C4 Center’s right to make comments on matters of public importance and national governance, with officers questioning our standing to make such comments.
Ever since our establishment in 2014, C4 Center has maintained a consistent stance against corruption and abuse of power in Malaysia. Our non-partisan position has endured through changing administrations. We will never serve as a mouthpiece for others’ agendas, for our role is in advancing the public interest of the nation.
The police’s approach to the questioning belies a far more concerning matter, which harkens back to the habits of previous administrations who weaponised the law to silence dissent. Framing honest and fair criticism of political figures as conspiracies to “topple the government” is ridiculously undemocratic.
Does this mean that activists, journalists and academics working in Malaysia now have to contend with the possibility of being investigated for “activity detrimental to parliamentary democracy” anytime they criticise political leaders?
This presents a frightening vision of a Malaysia in regression, and civil society must take a stand to prevent further decline of the hard-fought freedoms we have won over the past few years.
We call upon the government to affirm that criminal law shall not be used to silence free speech, political dissent and fair critique of the government.
This incident should be viewed as a canary in the coal mine for freedom of speech, and must not be a precursor of more stringent repression in the future. – C4 Center
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