Uthayakumar seeks to have Sedition Act declared void

(Bernama) KUALA LUMPUR: Lawyer P. Uthayakumar filed a notice of motion Wednesday seeking an order that the Sedition Act 1948 is void in accordance with Article 4(1) of the Federal Constitution.

Uthayakumar, 49, is also seeking to have the charge against him under the act to be suspended or revoked.

Article 4(1) of the Federal Constitution states that the constitution is the supreme law of the country and any law passed after Merdeka Day which is inconsistent with the constitution shall, to the maximum extent of inconsistency, be void.

Uthayakumar filed the notice of motion through Messrs Kumar Hashimah & Co at the registry of the Criminal High Court here, naming the public prosecutor as the respondent.

In a supporting affidavit, Uthayakumar claimed that the charge against him was selective accusation, which threatened and penalised individuals like him who criticised the Government in a peaceful manner.

Uthayakumar, who was once detained under the Internal Security Act (ISA), is secretary-general of the Human Rights Party of Malaysia.

He was charged under Section 4(1)(c) of the Sedition Act 1948 in the Sessions Court on Dec 11, 2007 for publishing a seditious letter on the “Police Watch Malaysia” website.

The trial is set for resumption on Nov 29.