KUALA LUMPUR, Aug 15 ― Veteran opposition lawmaker Lim Kit Siang urged the police and the public prosecutor today to stop their witch hunt of peaceful advocates of political change using Section 124B of the Penal Code, in a reminder that the legislation was meant to combat terrorism and not muzzle non-violent government dissenters.
Police have used Section 124B to investigate nearly two dozen officials from the Malaysian Anti-Corruption Commission (MACC), Bank Negara Malaysia, and the Attorney-General’s Chambers over an alleged leak of information from an investigation into allegations of financial improprieties surrounding state-owned 1Malaysia Development Berhad (1MDB).
“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!” the DAP parliamentary leader said in a statement.
“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!” he added.
The Gelang Patah MP pointed out that former de facto law minister Datuk Seri Nazri Aziz had given an assurance in 2012 when the legislation was being debated in Parliament that it would only be used against terrorist suspects and those plotting the violent and undemocratic change of government.
However, he said the current government administration was perverting Section 124B and wielding it as a weapon to “to arrest, intimidate and cow Malaysians from standing up for their democratic and constitutional rights”.
He challenged Attorney-General Tan Sri Mohamad Apandi Ali and Inspector-General of Police Tan Sri Khalid Abu Bakar to declare if they will stop the misuse of the law, pointing out that none of the cases currently investigated under that particular provision of the law met the fundamental element of violent “activities detrimental to parliamentary democracy”.
Sections 124B and 124I of the same Act was also used to secure an arrest warrant for Clare Rewcastle-Brown, the London-based founder and editor of whistleblower website Sarawak Report, who has been publishing exposes on 1MDB.
Section 124B, which covers activities detrimental to parliamentary democracy, stipulates that those convicted under the law will be liable to a maximum prison term of 20 years.
Section 124I of the same Act states that “any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means spreads false reports or makes false statements likely to cause public alarm, shall be punished with imprisonment for a term which may extend to five years.”