By Tarani Palani | The Edge Malaysia
The High Court has allowed former prime minister Tan Sri Muhyiddin Yassin’s application to refer questions of law regarding the Sedition Act to the apex court.
Judge Datuk Muhammad Jamil Hussin, in his decision on Thursday, said the apex court’s determination on the questions will ensure an “expedient and economical” resolution to Muhyiddin’s sedition case before the High Court.
“In my view, the applicant has satisfied the test as required by law. The constitutional question sought to be referred bears a direct connection to the matter in dispute before me.
“The decision of the Federal Court will have a bearing on the resolution of the dispute before me in a manner that is both expedient and economical,” he said.
The judge also granted a stay to the sedition proceedings at the High Court, pending full disposal of the referral application at the nation’s top court.
Jamil also added that the prosecution’s objection to Muhyiddin’s application lacked merit.
On Thursday, Datuk Amer Hamzah Arshad led Muhyiddin’s team of lawyers, while deputy public prosecutor Datuk Razali Che Ani led the prosecution team.
The application is related to the sedition charge levelled against the Perikatan Nasional (PN) chairman and Bersatu chief over his comments made last year in the lead up to the Nenggiri state by-election.
Muhyiddin was charged in August last year over comments where he allegedly questioned the then Yang di-Pertuan Agong’s discretion in not summoning him to form the government following the 2022 election, as he claimed to have the support of 115 out of 222 parliamentarians.
The charge, under Section 4(1)(b) of the Sedition Act 1948, is punishable by a maximum fine of RM5,000, imprisonment of up to three years, or both, upon conviction.
Muhyiddin was first charged at the Gua Musang Sessions Court. The case was then transferred to the Kota Bharu High Court, following an application by his legal team. His legal team then once again asked for a transfer, this time to the Kuala Lumpur High Court to hear the case. The ex-PM has claimed trial.
