Surendran: Govt must uphold its promise not to misuse section 124 Penal Code for political purposes

Govt must uphold its promise not to misuse section 124 Penal Code for political purposes

I refer to the IGP's statement on 29 July 2015 that Dato Ambiga Sreenevasan may be investigated under s 124 Penal Code allegedly for ' encouraging people to take to the streets to call for the PM to resign '. Section 124 makes it an offence to commit ' an activity detrimental to parliamentary democracy'.


Any investigation upon Ambiga under section 124, merely for calling for peaceful protests, will be unlawful, unconstitutional and an abuse of police powers.

Article 10 of the Federal Constitution allows the public the right to peaceful protest.

Further, parliament recognised this right to protest, by passing the Peaceful Assembly Act 2012 which is intended to facilitate and regulate the holding of public protests or assemblies.

Therefore, calling for or organising peaceful protests/ rallies cannot be an offence under section 124 Penal Code or any other Malaysian law.

The IGP's threat of action against Ambiga is repugnant to the Federal Constitution and ignores the Peaceful Assembly Act 2012.

In fact section 124 of Penal Code, which is an offence that falls under SOSMA 2012, was intended to be used in serious situations threatening national security, such as violent acts against the State or terrorist acts.

On 17 April 2012, Minister Nazri Aziz promised the Dewan Rakyat that section 124 of the Penal Code will not be used to ' punish political acts' (bukan bagi menghukum kesalahan politik). By threatening to use section 124 against those who call for protests against the PM, the government is going back on its own promise and assurance made in Parliament.

We call upon the government and police to respect democracy and the people's constitutional rights, by not hindering peaceful protests or harassing those who call for or organise such events.

Issued by,

N Surendran
MP for Padang Serai
Political Bureau, Keadilan

30 July 2015

  --