Legal experts critical of Penal Code section

PETALING JAYA: Those investigated for activities detrimental to Parliamentary democracy under Section 124(B) of the Penal Code are those who are trying to make the system work, said Prof Abdul Aziz Bari.

Speaking at the "Section 124B An Affront to Parliamentary Democracy" forum here on Thursday, Prof Abdul Aziz said that the Government of the day is accountable to the Members of Parliament in the Dewan Rakyat.

"The Prime Minister and Cabinet are answerable to the MPs and this is what the MPs have been doing by raising questions," he said.

Similar views were shared by constitutional lawyer Syahredzan Johan, who also questioned what it means to undermine Parliamentary democracy.

"The definition of activities detrimental to Parliamentary democracy is unclear and imprecise, and this is why you are seeing what you are seeing today," said Syahredzan.

"The law must be clear and the law must have sufficient safeguards," said Syahredzan.

He called for Parliamentary reform to prevent similar laws from being passed in the future.

"In other countries, committees would be set up when such laws are being tabled. They are not tabled and passed in a matter of days," said Syahredzan.

Negara-ku patron Datuk Ambiga Sreenevasan said that those currently being investigated under Section 124(B) were those who were upholding Parliamentary democracy.

"Who really is responsible for undermining Parliamentary democracy? Take the MACC officers, the Bank Negara officers, the Attorney-General. These are all institutions vital in a democracy, institutions that must be independent. These officers were doing their job," said Ambiga,

She also criticised the wording of the Section 124(B).

"The wordings is too vague. You cannot have penal consequences of 20 years when the section is so vague. It just doesn't make sense," said Ambiga.

Anyone found guilty under Section 124B, which covers activities detrimental to Parliamentary democracy, are liable to a maximum prison term of 20 years.

Universiti Malaya law professor Azmi Sharom also questioned the phrasing of Section 124(B).

"If you look at 124(B), if your intent is to clearly prevent the violent overthrow of parliamentary democracy, then there is nothing wrong with that. But the phrasing of 124(B) is so broad with no clear definitions, and the use of it against people who are clearly pro-democracy is bad," he said.

Meanwhile, DAP Parliamentary Leader Lim Kit Siang said Section 124(B) was meant to address violent activities detrimental to parliamentary democracy.

"It was meant to deal with terrorism, not the exercise of democracy," said Lim.

He called for Malaysians to speak out to let the authorities know they cannot get away with it even though we are going to face a lot of obstacles.

"We have a peaceful, democratic process to uphold democracy," said Lim.