KUALA LUMPUR: Lawmakers from both sides of the divide have criticised the proposed amendments to the Sedition Act 2015, which, they said, are alarming and draconian in nature.
Speaking to the New Straits Times today, lawmakers from Pakatan and Barisan Nasional were critical of the new proposed amendments, which seek to allow the prosecution to deny anyone charged with Sedition from being released on bail.
“My view is that power to grant bail should be left to the discretion of the court. If the prosecution has reason to believe bail should not be granted, then they should argue it before a judge who will decide.
“Bail pertains to freedom of an individual pending trial,” said DAP’s Puchong member of parliament and lawyer Gobind Singh Deo.
He added that the law should not confer absolute power to the Public Prosecutor when it came to the question of bail in a criminal prosecution.
Umno’s Kinabatangan MP Bung Mokhtar Radin, meanwhile, said the government should consider withdrawing the amendments to the Sedition Act to allow for more discussion on the controversial changes.
He said there was a lot of confusion among the public as there was a lack of awareness on the amendments to the Act.
The outspoken politician said amendments proposed by the Federal Government must be withdrawn if they were found to be detrimental to the people.
The amendments seek to introduce new sections, 5A and 5B.
Section 5A states that anyone charged with Sedition shall not be released on bail if there is a "certificate in writing" by the Public Prosecutor stating that it is not in the public interest to grant bail to the person who is charged.
The bill also states that Section 5A is in line with the proposal to impose a higher penalty for offences related to Sedition involving bodily injury and damage to property.
Section 5B empowers the court to prevent an accused, who is released on bail, from leaving the country.
"This includes ordering the person charged to surrender his travel documents.
"In cases where the person does not hold any travel document, the court may order the Immigration Director- General to refuse the issuance of any travel documents to the person.
Meanwhile Clause 8 of the bill seeks to amend Section 10 of the current Act.
The amendments include empowering the court to issue an order to remove Seditious publications which is made by electronic means such as online publication.
It also seeks to introduce Section 10A which empowers the court to issue an order to an authorised officer under the Communications and Multimedia Act 1998 to prevent access to such publications if the perpetrator is not identified.
Some 160 people, mostly Pakatan politicians and activists, have been arrested and investigated under the Sedition Act from February and March this year.
Most of those detained were picked up for questioning the sodomy conviction and imprisonment of Datuk Seri Anwar Ibrahim, for participating in two rallies calling for his release, and for questioning government policies.