KUALA LUMPUR: The High Court today allowed former prime minister Tan Sri Muhyiddin Yassin’s application to refer four questions of law under the Sedition Act to the Federal Court.
Judge Datuk Muhammad Jamil Hussin ruled that Muhyiddin, as the applicant, had satisfied the test set out in Wee Choo Keong v. Lee Chong Meng under Section 84 of the Courts of Judicature Act 1964.
“The constitutional questions to be referred are directly related to the matters before me, and a Federal Court decision will expedite the resolution of the issues in dispute.
“These questions are complex and require determination by the Federal Court,” Muhammad Jamil said, noting that the respondents’ objections lacked merit.
The judge also ordered the High Court sedition proceedings to be stayed pending the Federal Court’s decision on the referred questions of law.
Among the questions referred are whether Section 4 of the Sedition Act 1948, read together with Section 3(3) of the same Act, constitutes an unreasonable restriction and conflicts with Article 10(1)(a) of the Federal Constitution, and whether Section 3(2) read with Section 3(3) is unconstitutional for infringing a defendant’s right to a fair trial.
At today’s proceedings, deputy public prosecutor Datuk Razali Che Ani appeared for the prosecution, while Muhyiddin was represented by counsel Datuk Amer Hamzah Arshad.
On Feb 4, Muhyiddin, 78, pleaded not guilty at the High Court to charges of making seditious comments during the Nenggiri by-election campaign at Dewan Semai Bakti Felda Perasu between 10.30 pm and 11.50 pm on Aug 14, 2024.
The alleged seditious statements concerned claims that he was not invited by the Yang di-Pertuan Agong to be sworn in as Prime Minister after the 15th General Election, despite reportedly having the support of 115 out of 222 members of parliament at the time.
He is charged under Section 4(1)(b) of the Sedition Act 1948, punishable under Subsection 4(1) with a fine of up to RM5,000, or imprisonment of up to three years, or both.
The case was initially listed at the Gua Musang Sessions Court, Kelantan, on Aug 27, 2024, before being transferred to the High Court. – Bernama
