KUALA LUMPUR - A top Malaysian opposition leader was charged with two counts of sedition in a Selangor court on Tuesday for allegedly insulting the Selangor ruler, Sultan Sharafuddin Idris Shah.
But it was the Malaysian government that was put on the defensive after it used the controversial British-era Sedition Act against the opposition politician, Sanusi Md Nor.
Many political activists – and even a former lawyer of Prime Minister Anwar Ibrahim – pointed out that his Pakatan Harapan (PH) alliance had vehemently opposed the Sedition Act when it was in the opposition.
Sanusi, 48, was also controversially arrested at 3am after more than a dozen policemen turned up at a hotel in Kuala Lumpur where he was staying.
While it was in the opposition, PH decried for years the use of the Sedition Act, saying it was unfairly used by the Umno-led Barisan Nasional (BN) government against the opposition and to stifle free speech.
PH and BN now rule Malaysia jointly after the November 2022 general election.
Sanusi is the caretaker menteri besar of northern Kedah state and hails from Parti Islam SeMalaysia (PAS). He is also election director for the Perikatan Nasional (PN) alliance, Malaysia’s main opposition faction.
The wildly popular Sanusi, who attracts large crowds at his political rallies for his blunt criticisms of the government, could be a major stumbling block for Datuk Seri Anwar’s PH-BN bloc to win back the state in the Aug 12 elections for six states.
Sanusi’s TikTok account – with 480,000 followers and 5.5 million likes – was allegedly deleted last week, with government officials denying that they were behind the move. A new TikTok account was restarted by him over the weekend and gained more than 160,000 followers in less than 24 hours. His original account is now accessible again.
Sanusi was on Tuesday charged at the Selayang Sessions Court under the Sedition Act 1948 over a speech he made at a rally on July 11, where he is accused of uttering a seditious statement that could incite disloyalty to the rulers.
In a viral video of his speech, Sanusi had compared the Kedah and Selangor royal households, saying that the Kedah ruler would not have appointed caretaker Selangor Menteri Besar Amirudin Shari as a state leader.
Such remarks can be seen as seditious, which is a crime under the Sedition Act introduced by the British colonial government in 1948 to quell a communist rebellion.
The law outlaws speech deemed to incite unrest, racial or religious tensions, or insult Muslim-majority Malaysia’s ceremonial Islamic royalty.
At least 57 police reports had been lodged against Sanusi following his speech. Sanusi had apologised to the Selangor ruler.
The Selangor Royal Office on Monday said in a statement that Sanusi’s remarks were an insult to the Selangor royal institution.
Sanusi on Tuesday pleaded not guilty to the charges, which carry a maximum fine of RM5,000 (S$1,500) or imprisonment for up to three years or both, if convicted. He was granted bail of RM5,000 for each charge.
The brickbats against the government for using the Sedition Act came thick and fast.
Mr Zaid Malek, director of Lawyers for Liberty, said in a statement: “This is a black day for the country. The notorious Sedition Act has reared its ugly head again, now used against a key political rival of the government now holding federal power. It is appalling that this has happened under a government led by Pakatan Harapan, which in opposition long condemned the existence and usage of (the) Sedition Act as oppressive and an affront to freedom of speech.”
Said Mr Anwar’s former lawyer N. Surendran in a tweet: “I was charged twice under the Sedition Act during the BN regime for statements I made defending Anwar over his sodomy case.
“Now, under a new government led by Anwar, a political rival faces sedition charges. The ideals (we) once fought for are forgotten. Harapan once fought this law, but now wields it.”
In a tweet, ex-Bar Council president Ambiga Sreenevasan said the use of the Sedition Act was “wholly unacceptable”.
“So contrary to the Malaysia we fought for. The Sedition Act must be abolished,” she said.
When asked by reporters on Tuesday, Mr Anwar responded: “Fundamentally, we avoid the use of the Sedition Act, but when it comes to matters concerning the position and dignity of the rulers, this is something we should uphold and prevent from becoming an unhealthy political discourse.”
Responding to a question about Sanusi’s arrest at 3am when he was not a flight risk, Mr Anwar said there was a need to ask about the process.
“From what I know, the police monitored and searched, and when they found (him), they made the arrest.”
Sanusi’s said after posting bail: “Their intent is to disrupt our progress for the state elections. They sped up the investigations on me, and it was done in just three days.”
“We have a frightened government now who uses the authorities to prohibit us from giving talks. I feel this is a sign that they are afraid,” he was quoted as saying by the Malay Mail news website.
Six states will hold their state assembly election on Aug 12. Kedah, Kelantan, and Terengganu are controlled by PAS, a key member of the PN coalition with Malay-based Bersatu party.
Selangor, Negeri Sembilan and Penang are ruled by the PH-BN faction.
Commenting on Sanusi being charged, Professor James Chin, a professor of Asian Studies at the University of Tasmania, said “PAS will try to make him a martyr, but they will have to do it in a way that doesn’t mention the Malay rulers directly or indirectly.”
“PAS will exploit this to the fullest and on balance, this is advantageous to PAS,” he told ST.
Mr Hafidzi Razali, associate director at risk consultancy Bower Group Asia, said the PH-BN “unity government” is in a difficult situation to ensure its relevance among Malay voters in Kedah, Kelantan and Terengganu, as unlike PN, PH lacks local political figureheads to rally rural and semi-rural voters.
“Sanusi is not only popular, but relatable to the majority of Kedahans. He may ride on this public attention to show that it is another form of state action against dissent,” he added.
