Hornbill Unleashed

April 12, 2017

Apex court to hear govt’s appeal against landmark sedition ruling on July 17

Filed under: Politics — Hornbill Unleashed @ 8:01 AM

Image result for Sedition Act 1948The Federal Court will hear on July 17, the government’s appeal against a landmark ruling by the appellate court in declaring Section 3(3) of the Sedition Act 1948 unconstitutional.

Lawyer Latheefa Koya representing Sri Muda assemblyman Mat Shuhaimi Shafiei, told reporters that Deputy Registrar Syahrin Jeli Bohari fixed the date when the case came up for case management today.

In a landmark decision last November 25, the Court of Appeal three-man bench led by Justice Datuk Lim Yee Lan allowed Mat Shuhaimi’s appeal to declare Section 3(3) invalid.

The Court of Appeal declared that Section 3(3) was invalid as it violated Article 10 of the Federal Constitution which guaranteed Malaysians the right to freedom of speech and expression.

The Court of Appeal’s ruling means the prosecution has to prove intent before a person can be convicted of sedition.

On February 22, this year, the Federal Court allowed the government’s application for leave to appeal against the ruling and accepted three legal questions proposed by Attorney-General Tan Sri Mohamed Apandi Ali, who led the government’s appeal, for deliberation and determination of the Federal Court at the hearing of the appeal proper.

Among the questions that will be determined by the Apex Court are whether Section 3(3) of the Sedition Act contravenes Article 10 of the Federal Constitution and is invalid and has no effect in law.

In September 2014, Mat Shuhaimi, 48, had filed an originating summons at the High Court seeking the court to declare Sections 3 and 4 of the Sedition Act invalid as he claimed the provisions violated the fundamental liberty of freedom of speech guaranteed by Article 10(1)(a) of the Federal Constitution.

Section 4 deals with the penalty of the offence.

He lost his case at the High Court, prompting him to appeal to the Court of Appeal.

Source : @ Bernama


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