Source: The Malaysian Insight
Pic drawn from The Malaysian Insight
THE Court of Appeal today quashed a Home Ministry order banning four books authored by novelist Mohd Faizal Musa, 43, whose pen name is Faisal Tehrani.
A three-man panel comprising Tengku Maimun Tuan Mat, Ahmadi Asnawi and Zaleha Yusof found that the order issued on February 12, 2015, was not in accordance with Section 7 (1) of the Printing Presses and Publications Act 1984.
Today’s judgement was delivered by Justice Zaleha, who said the order banning the books was a restriction of Faizal’s constitutional right of freedom of speech.
“Although admittedly the right is not absolute, we agree with the learned counsel for the appellant (Faizal) that the court must nonetheless give primacy to it,” she said.
She said if certain pages of the four books were found to offend Section 7 (1) of the Printing Presses and Publications Act, the Act allowed for the removal of the pages.
“As such, the prohibition of the whole four books, in our considered view, is a very drastic act, irrational, unreasonable, disproportionate and tainted with procedural impropriety,” she said.
Source: The Star Online
KUALA LUMPUR: A Sessions Court here has fixed March 19 to hear an application by Padang Serai MP N. Surendran, lawyer Eric Paulsen and cartoonist Zunar to refer constitutional questions to the court about the Sedition Act 1948.
Judge Zaman Mohd Noor fixed the date when the case was mentioned before him on Wednesday (Dec 10).
Lawyer Latheefa Koya, who acted for the applicants, said they made the application under Section 30 of the Courts of Judicature Act 1964.
Latheefa said since the Federal Court had not resolved the question of “intention” by ruling that it must be proven under the Sedition Act, they could in fact proceed with the issue.
In their decision, a five-member Federal Court bench quashed the 2016 landmark decision, ruling that intention must be proven in every sedition case.
The latest decision means that the law has reverted to its previous position, and it only needs to be proven that the accused had made the seditious statement, without the need to prove the intention.
Source: The Star
KUALA LUMPUR: Certain laws involving juveniles may be re-evaluated to prevent young offenders from breaking the law again, the Deputy Prime Minister said.
“We cannot only punish without educating,” Datuk Seri Dr Ahmad Zahid Hamidi said after opening the Crime Prevention Education Convention at Menara Kembar Bank Rakyat here yesterday.
“There are various laws used for juvenile cases. And some of those laws have to be studied again,” said Dr Ahmad Zahid, who is also Home Minister. He said the approach used by the Henry Gurney School had shown results.
“The curriculum in Henry Gurney seems to be the most effective, So, prisons are like a school teaching crime to them,” he added.
It was reported last year that there were about 640 students currently undergoing rehabilitation programmes in eight prisons and four Henry Gurney reform schools.