Home Civil Society Voices Madani’s mirage: Behind the civil facade lies a colonial ghost

Madani’s mirage: Behind the civil facade lies a colonial ghost

Drop the high-handed sedition probe into lawyer-activist Rafique Rashid's criticism of the PM and his government

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Lawyers for Liberty (LFL) refers to the news report that lawyer Rafique Rashid Ali is being investigated under the Sedition Act 1948 for a speech he made at the Save Malaysia “People’s court punish Anwar” rally in Perak on 27 July.

It is appalling that the Anwar Ibrahim government continues to wield the Sedition Act against its critics, activists or opponents. It seems that now no one can criticise the prime minister. This is governance a la North Korea.

This same draconian act was once repeatedly condemned by the prime minister and other leading members of Pakatan Harapan, many of whom are now in the cabinet. They all vowed to repeal it once they are in power.

The late Karpal Singh was a staunch opponent of the Sedition Act; he must be turning in his grave now. Today’s DAP has become a supporter and upholder of sedition laws.

It is an act of supreme betrayal that PH, the backbone of the “Madani” (civil and compassionate) government, has entirely abandoned this promise and any previously held principles against the use of the Sedition Act against political opponents and government critics.

Its continued use, targeted at political opponents and critics, exemplifies this government’s failure to uphold the fundamental liberties guaranteed under the Federal Constitution. They have slipped comfortably into authoritarianism.

The unjust nature of the Sedition Act stems from its negation of the freedom of speech under Article 10(1)(a) of the Federal Constitution. It makes a mockery of democracy to criminalise criticism of the government.

LFL notes that increasingly, criticism directed at Anwar himself triggers sedition probes or investigations under the Communications and Multimedia Act 1998. Where is the great democrat and reformist we were promised?

READ MORE:  Sedition charge against Mahiaddin is repugnant to freedom of speech

LFL reminds the government that it has a duty to safeguard and uphold the Federal Constitution. Freedom of speech, a right protected under the Constitution, cannot be violated to quell dissent. There is no justification for the Sedition Act, an oppressive colonial law, to remain within our legal system.

The government, therefore, must take immediate steps to repeal the Sedition Act. As long as it continues to exist, the government cannot, with any moral or legal authority, claim it respects the right to freedom of speech.

Simply declaring that the government allows criticism of it is meaningless if the people live in perpetual fear of being slapped with a sedition charge for doing so.

LFL demands that the criminal probes against Rafique Rashid for criticising PM Anwar be dropped immediately. The probes are unlawful, unconstitutional and a blatant abuse of power. – LFL

Zaid Malek is director of Lawyers for Liberty.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
  1. Tegakkan maruah serta kualiti kehidupan rakyat
  2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
  3. Raikan kerencaman dan keterangkuman
  4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
  5. Lawan rasuah dan kronisme
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