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By Mihar Dias (C) Copyright June 2023
Dr Afif Bahardin, Shah Alam Bersatu Deputy Chief writes in MalaysiaNow, hitting out at the investigation against Dr Mahathir Mohamad under Section 124B of the Penal Code.for alleged "activities detrimental to parliamentary democracy."
He alleges that this latest act by the police is a gross disrespect and intimidation against an elder statesman.
Referring to news reports on June 2 over police investigation on Dr Mahathir Mohamed under Section 124B of the Penal Code he says it is clearly an "oppressive, undemocratic provision which allows long-term detention without trial under Sosma provisions.".
According to Dr. Afif Bahardin, the provision was repeatedly condemned by the Pakatan Harapan (PH) leaders when they were in opposition.
But "Now in power, they are singing a different tune," says the Bersatu man.
He claims that the very same PH leaders, including Prime Minister Anwar Ibrahim himself, are highly hypocritical "to condone and keep silent on the usage of this law against a current senior opposition leader."
He raises a question that is now firemost on minds of many who may be disappointed with the use of the Act.; "How many more opposition leaders are going to be targeted under this repressive law in the run-up to the coming crucial six state elections?"
Afif claims that it was the PH leaders who were "vociferous in condemnation of Section 124B when Bersih leader Maria Chin Abdullah was arrested and held for 28 days in detention, purportedly for committing an offence under Section 124 of the Penal Code."
This section explains that Afif Bahardin is an affront to parliamentary democracy and the fundamental liberties laid down in the Federal Constitution.
The burning question that seems to make people read this story is "If even the world-renowned Mahathir is being targeted, who is safe in this country from Umno-PH’s crackdown on government critics"
Afif calls upon the Umno-PH government "to learn how to take even harsh criticism and deal with dissenting views in a democratic fashion."
Afif concludes by saying, "Constantly threatening action against those who criticise the government... only goes to show the utter hypocritical nature of this government, which falsely and deceitfully pledged to uphold the fundamental liberties and bring institutional reform to Malaysia."
Meanwhile, Lawyer Muhammad Rafique Rashid Ali said his client, Dr Mahathir, gave his statement at Yayasan Albukhary around 12.30pm before four police officers on June 2.
Rafique informed the press that his client is being investigated under Section 124B of the Penal Code for "committing an activity detrimental to parliamentary democracy by any means, directly or indirectly."
To refresh your memory, Section 124B carries a punishment of up 20 years in jail, and that is one of the reasons why PH (then in the opposition) was dead against the act.
In any case, Rafique said, "Mahathir has informed the police that he is ready to be charged in court and will answer their questions in court." He said in a video posted on InspirasiChannel's Facebook page and quoted by NST.
He advised people detained by police on the Malay Proclamation to announce they, too, would answer charges in court.
"Is speaking up for the Malays or talking about the Malay Proclamation a breach of the law?
"Don't be afraid. Let the people understand what the Malay Proclamation truly is," he said.
If we were to go by Rafique's legal opinion, obviously there is nothing illegal about the Malay Proclamation to place Tun Mahathir for investigation under Section 124B which implies that the former PM may want to seize power in an undemocratic manner. Or in the language of 124B, "committing an activity detrimental to parliamentary democracy by any means, directly or indirectly."
We do not know what the police found in their investigation.
However, from what we know, the police have already submitted their findings to the AG's Chambers for further action.
Having read the news and followed the opinions of many learned people, we can hardly believe that the Malay Proclamation is meant to subvert democracy. It is a document that
Dr Mahathir claims to be an initiative to unite the Malay community by addressing 12 key problems they face and bridging the group’s political differences.
But to be fair to the police they did say the investigation was on the "Malay Proclamation” and Dr Mahathir’s statements that "allegedly belittled the royal institution."
So, it is the belittling of royalty that might be at the heart of the investigation and not the Malay Proclamation per se.
Neither can we point fingers at the current government that is allegedly building a case against Tun Mahathir to stifle his campaign and likely role in forthcoming state elections.
The police are merely doing their job by acting on reports filed, and the PH government may have nothing to do with "using" its power to silence Tun Mahathir.
The best option is to wait and see how investigations turn out, how Malays react to the Proclamation as indicated by the way they vote, and how well PMX performs in state elections.
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