Call for action against Hadi

PETALING JAYA: Action should be taken against PAS president Tan Sri Abdul Hadi Awang under the Sedition Act if he is unable to justify his statement that non-bumiputra individuals comprise the majority of those involved in corruption cases, said senior lawyer Haniff Khatri Abdulla.

Haniff was commenting on Abdul Hadi’s recent statement that non-Muslims and non-bumiputras were the “roots of corruption” in the country.

“It is irresponsible of a leader to bring religion into a baseless statement. This is especially so (when) a Muslim political party (makes) this kind of statement in a multi-racial country. If a leader wants to come out with a statement, he should back it up with proper research and the facts must be established,” he said.

“In recent ongoing high-profile cases involving Lim Guan Eng and Rosmah Mansor, the witnesses and those involved in the alleged corruption cases are mostly Malays. So, how could he proudly come up with such a statement (and) blame non-bumiputras?”

Haniff said unless Abdul Hadi can show statistics and substantiate his claim, the authorities should call him in and have him charged for “devising and sowing hatred among the people”.

“There is enough in the Penal Code to have him held for sedition and the authorities should demand he justify his statement. If not, he should be charged.”

Lawyer Kokila Vaani Vadiveloo said the statement has caused public unease as corruption cuts across race, religion and creed.

“We cannot allude to stereotyping a particular race as contributors to crimes, including corruption. Any provocative element inciting racial hatred is a penal offence, and one can even be charged for criminal defamation,” she said.

“All Malaysians must work together, enjoining cooperation and taking steps to eliminate corruption instead of blaming each other.”

She added that the Penal Code and other laws contain several provisions that have been used to censor and punish expressions of racial hatred.

“These include sections 298 and 298A(1) of the Penal Code, which makes it a crime to incite disharmony, disunity and enmity on the grounds of religion.”

She said an amendment was later made to include “racial feelings” under the section, that provides a maximum penalty of a five year jail term.

Kokila also said sections 3(1) and 4(1) of the Sedition Act, that addresses “seditious tendency”, is defined to include the promotion of “feelings of ill-will and hostility between different races or classes of the population of Malaysia”.

“The Sedition Act provides severe criminal penalties. Convictions may result in prison sentences of three to seven years. To counter hate speeches, the police can invoke Section 504 of the Penal Code (intentional insult to provoke a breach of the peace).”

She added that in 2020, the Kuala Lumpur sessions court convicted Danny Antoni of committing violations under Section 298A(1)(a) of the Penal Code and Section 233(1)(a) of the Communication and Media Act after he uploaded content on Facebook that allegedly insulted the Prophet Muhammad, Islam and the PAS president. He was sentenced to 26 months in prison.

“Recently, Siti Nuramira Abdullah was charged under Section 298A of the Penal Code with causing disharmony among the Muslim community as she had allegedly insulted Islam (during a performance at a comedy club). If found guilty, she could be slapped with up to five years in jail.”

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