KUALA LUMPUR – Umno Youth Chief Dr Muhammad Akmal Saleh may be confronted with a slew of potential criminal charges under the Penal Code, or the Sedition Act 1948, due to his unwavering calls to boycott KK Mart convenience stores over the “Allah”-printed socks controversy, said legal experts.
Additionally, he risks losing his Merlimau state assembly seat if convicted of any wrongdoing.
To comprehend the legal tussles Akmal faces, criminal lawyer Datuk Seri Rajan Navaratnam emphasised the necessity of understanding what constitutes seditious tendencies and acts, whether committed or attempted, in the present circumstances.
Navaratnam pointed out that, under Section 3(3) of the Sedition Act, a person’s intention at the time of the alleged act is deemed irrelevant, with the law presuming the accused’s intention in a sedition trial.
He said therefore the intention is deduced from the language or words spoken, relieving the prosecution from proving the maker’s intent while still having to establish other elements of the offense.
“(Should the Attorney General exercise his discretion to prosecute), Akmal could possibly face charges under Section 4 of the Act, which criminalises statements or acts with a seditious tendency. This act carries a maximum jail term and fine of three years and RM5,000, respectively, or both if he is found guilty.
“However, there is also the possibility for him to face charges under Section 289A of the Penal Code for causing disharmony, disunity, or a feeling of enmity, which carries a two- to five-year jail term.
“Other relevant offences under the Penal Code would be Section 503, which stipulates that it is an offence for anyone to threaten another person with an injury to this person’s reputation or property.
“While Section 504 makes it an offence to intentionally insult and provoke any person knowing that such provocation will result in a breach of public peace,” he told Scoop.
“Additionally, there is also Section 505 of the Penal Code, which criminalises any publication or statement with the intention to cause fear to the public or to induce a person to commit an offence against public peace, wherein if found guilty, he shall be liable to imprisonment, which may extend to two years, a fine, or both,” he added.
According to the Federal Constitution, an elected representative is automatically disqualified upon receiving a minimum jail sentence of 12 months or a fine of no less than RM2,000.
The Inspector-General of Police, Tan Sri Razarudin Husain, confirmed on April 6 that the investigation paper on the Merlimau assemblyman is almost complete.
He said Akmal is being investigated under the Sedition Act 1948 and Communication and Multimedia Act 1998 in relation to the “Allah”-printed socks issue, for which Akmal has been leading calls for a boycott of KK Mart stores nationwide.
Following news of Akmal being investigated, Umno secretary-general Datuk Asyraf Wajdi Dusuki said on April 5 that the party had appointed the party’s legal adviser, Datuk Mohd Hafarizam Harun, to legally assist Akmal.
Yesterday, Pakatan Harapan member Hassan Karim offered himself to represent Akmal should he be brought to court to face charges, following his own experience of facing investigation as well as being charged and tried under Section 4(1) of the Sedition Act 1948, which he deemed a ‘heinous act’.
Meanwhile, former Court of Appeal judge Datuk Hamid Sultan Abu Backer cautioned against premature speculation about the charges Akmal may face, emphasising the ongoing nature of the investigation. He urged the authorities to make informed decisions based on established legal principles.
“It remains speculative at this stage to predict the relevant act (that) Akmal may be charged (with) or whether the AG will exercise his discretion not to charge Akmal if the AG considers Akmal’s statements as political rhetoric, which is common with some of our political parties as well as our politicians.
“However, if at all Akmal is charged, it must not be under the Sedition Act. This is because, following Indira Gandhi’s case in the Federal Court, that act has adopted the constitutional supremacy doctrine, debunking the parliamentary supremacy concept (that is, the) legislation that is harsh and oppressive to freedom of speech, like some of the provisions of the Communications and Multimedia Act,” Hamid Sultan said.
“It has to be struck down for violating Article 10 of the Federal Constitution, which guarantees freedom of speech, (the same as) Indira Gandhi’s case, which also (involved) an authority for striking down harsh and oppressive laws that are disproportionate to the act a person commits.
“Freedom of speech is an important aspect for democracy to flourish, but no citizen should abuse his right to speech. Even if there is a breach, it should be fined in the first instance, not imprisonment.”
However, he said there are other provisions under the Penal Code and Criminal Procedure Code for action to be taken when the speech will create public disharmony.
“I do not wish to make any speculative comments. However, public opinion is divided among Muslims as well as Muslim politicians. It is best for the authorities to decide what to do at this stage,” he said.
“It is also speculative to say that Akmal might be the fuel behind all of the molotov’s attacks on KK Mart’s branches. The person who may have planted the sock or such a group also continue to create the criminal act. Police must investigate, we do not know.”
Hamid Sultan also said that it is time for the Parliament to consider provisions for a person who breaches freedom of speech to be produced before a magistrate first, giving the magistrate the discretion to send the person to be placed in a mental asylum if need be and provide counselling or medication if the speech, prima facie, is in breach of public peace and tranquilly.
Meanwhile, Datuk Seri Dr Jahaberdeen Mohamed Yunoos said it is best to leave the matter in the hands of the authorities, as they are currently completing their investigations.
“(Let’s) see what the evidence leads them to charge, if (there are) any. At least this shows that the police are serious about enforcing action on 3R (race, religion, and royalty) matters,” he said. – April 7, 2024