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KUALA LUMPUR: Tan Sri Muhyiddin Yassin has succeeded in his bid to refer legal questions relating to the Sedition Act 1948 to the Federal Court.
This follows a decision by High Court judge Justice Muhammad Jamil Hussin, who allowed Muhyiddin's application under Section 84 of the Courts of Judicature Act 1964.
Justice Muhammad Jamil said Muhyiddin's application met the legal threshold for referral to the apex court.
"The legal questions the applicant wants to refer have a direct connection to the case before me, and the decision by the Federal Court would impact the resolution of the disputed matter in a quick and economical manner," he said on Thursday (Aug 28).
The judge added that Muhyiddin's legal questions were "difficult" and needed to be referred to the Federal Court for determination.
Justice Muhammad Jamil also found that the respondent's objection to Muhyiddin's application lacked merit.
"I therefore use my discretion under Section 84 of the CJA Act to refer the legal questions to the Federal Court," he said.
Justice Muhammad Jamil also ordered that the sedition case before him be stayed pending the Federal Court's decision.
The court fixed November 27 for case management at the High Court.
"This court will take immediate action to send the case and transmit it to the Federal Court," the judge added.
Earlier, the court heard submissions from Muhyiddin's lawyer Datuk Amer Hamzah Arshad and Deputy Public Prosecutor Datuk Razali Che Ani.
On April 4, Muhyiddin, 77, filed an application to refer a question of law regarding the Sedition Act 1948 to the Federal Court to challenge the validity of certain provisions.
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 August 14 last year.
The alleged seditious remarks concerned 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 allegedly having the support of 115 out of 222 MPs at that time.
He is charged under Section 4(1)(b) of the Sedition Act 1948, punishable under Subsection 4(1) of the same Act with a maximum fine of RM5,000 or a maximum imprisonment of three years, or both, if convicted.
