Call on new AG and IGP to declare whether they will halt the current spate of police arrests and investigations under Section 124B of Penal Code on “activities detrimental to parliamentary democracy” as there is not a single case which contains the required element of being “by violent or unconstitutional” means
I call on the new Attorney-General Tan Sri Mohamad Apandi Ali and the Inspector-General of Police Tan Sri Khalid Abu Bakar to declare whether they will halt the current spate of police arrests and investigations under Section 124B of Penal Code on “activities detrimental to parliamentary democracy” as there is not a single case which contains the required element of being by “violent and unconstitutional” means.What we are seeing in the past few weeks when Section 124B of the Penal Code has suddenly become a new monstrous weapon by the Najib government to arrest, intimidate and cow Malaysians from standing up for their democratic and constitutional rights is nothing less than a gross abuse of power and perversion of Parliament's intention for the enactment of Section 124B of the Penal Code in 2012.
Parliament was given the assurance by the Najib Executive that Section 124B of the Penal Code on “activities detrimental to parliamentary democracy” which can send a person to jail for a maximum of 20 years was intended only for those who carried out “activities detrimental to parliamentary democracy” by “violent and unconstitutional means”.
When the tthen de facto Law Minister, Datuk Seri Nazri Aziz was pressed in Parliament in 2012 why Section 124B had not spelt out clearly that it only referred to “activities detrimental to parliamentary democracy” by “violent and unconstitutional means”, Nazri answered that this was understood and even referred to Oxford Dictionary that “activities detrimental to Parliamentary Democracy” means “by violent and unconstitutional means”.
Nazri assured Parliament that the new Penal Code amendment of the new Section 124B was meant to tackle terrorist activities.
Now, an extraordinary law meant to deal with extraordinary circumstances such as terrorist activities by people who want to use violent and unconstitutional means to carry out activities detrimental to parliamentary democracy is used against all and sundry and in cases where there is no element of “violent and unconstitutional” means.
It would appear that we have quickly degenerated to a stage where anyone who wants to see a change of Prime Minister or government is liable to be investigated, arrested and charged under Section 124B for “activities detrimental to Parliamentary Democracy” which is a total betrayal of both the Parliamentary and Ministerial intention in enacting Section 124B of the Penal Code.
With the UMNO/BN winning only a minority vote of 47% in the 13th General Election, I dare say that the majority of Malaysians would want to see Datuk Seri Najib Razak toppled as Prime Minister and the UMNO/BN Government replaced as well.
But this does not bring the majority of Malaysians under the ambit of Section 124B of the Penal Code for “activities detrimental to parliamentary democracy” because they all reject any violent or unconstitutional means of change and are fully committed to peaceful, democratic and constitutional means of change, including the toppling of the Prime Minister or government.
If a law which is meant to deal with terrorism and advocates of violent and unconstitutional means of political change could be used against Malaysians who advocate peaceful, democratic and constitutional means of political change, it would even mean the death of democracy itself!
In fact, it is those who abused and misused Section 124B against Malaysians who sought political changes through peaceful, democratic and constitutional means who are guilty of “activities detrimental to parliamentary democracy” and who should be charged under Section 124B of the Penal Code!
I am still waiting for an answer from the Inspector-General Police for the prolonged police silence and inaction on a website which appeared on the very same day (July 28) that Tan Sri Gani Patail was summarily sacked as Attorney-General and Tan Sri Muhyiddin Yassin sacked as Deputy Prime Minister, and which made the most ludicrous and outrageous allegations implicating top officers in government in the Attorney-General's Chambers, Bank Negara Malaysia and the Malaysian Anti-Corruption Commission (MACC) for involvement in an international conspiracy to topple the elected government of Malaysia.
The first posting of this new website entitled “Ops Lalang 2015: Special Branch leads investigation into conspirators” named at first 12 then 13 names on a “list of conspirators to be investigated under Section 124 of the penal code which carries a penalty of up to 20 years in prison”.
Is there any truth in this website, and has it violated any official secrets in stating that there would be a major police crackdown under Section 124B in the country?
If there is no truth in these allegations, or if there had been violations of the Official Secrets Act in making public top police secrets, why is there no police action against this website in the past 18 days, as this website is still up and operating when l last checked before the wacana.
The mystery is why the Internet-savvy Inspector-General of Police, Tan Sri Khalid Abu Bakar had not done anything in the past 18 days on this malicious and mischievous website, when he would have tweeted a few dozen times of instant police actions if such a website was from Opposition camp and directed at Najib?
Why the double standards, Khalid, or is this proof enough that this website had the backing from very powerful forces – even more powerful than Khalid himself?
(Speech at the “Wacana PRU 14: Siapakah PM yang seterusnya” in Seremban on Friday, 14th August 2015 at 10 pm)