By Rahmat Khairulrijal | New Straits Times
Former Prime Minister Tan Sri Muhyiddin Yassin today won his bid to refer legal questions concerning the Sedition Act 1948 to the Federal Court.
Judge Datuk Muhammad Jamil Hussin ruled that Muhyiddin’s application had merit and raised constitutional issues requiring the apex court’s determination.
The court also granted a stay of proceedings in Muhyiddin’s sedition trial pending the Federal Court’s decision.
Jamil observed that the Parti Pribumi Bersatu Malaysia president’s application met the legal threshold for referral.
“The legal questions the applicant seeks to refer are directly linked to the case before me, and a decision by the Federal Court would resolve the matter swiftly and economically.
The questions are also complex and require consideration by the apex court. The respondent’s (Attorney-General’s Chambers) objection to Muhyiddin’s application is without merit.
“I therefore exercise my discretion under Section 84 of the Courts of Judicature Act 1964 to refer these legal questions to the Federal Court,” he said in a brief judgment today.
Muhyiddin was represented by lawyer Datuk Amer Hamzah Arshad, while deputy public prosecutor Datuk Razali Che Ani appeared for the A-GC.
On April 4, the 77-year-old filed an application to refer a question of law concerning the Sedition Act 1948, challenging the validity of certain provisions of the legislation.
He had previously pleaded not guilty to a charge of making seditious remarks while campaigning during the Nenggiri state by-election at Dewan Semai Bakti Felda Perasu, between 10.30pm and 11.50pm on Aug 14, last year.
The alleged remarks involved his claim that he was not invited by the Yang di-Pertuan Agong to be sworn in as prime minister following the 15th General Election, despite reportedly having the support of 115 out of 222 members of parliament at the time.
Muhyiddin is charged under Section 4(1)(b) of the Sedition Act 1948, which carries a maximum fine of RM5,000, a maximum imprisonment of three years, or both if convicted.
