The High Court has allowed Muhyiddin Yassin’s bid to refer several constitutional questions on the Sedition Act 1948 to the Federal Court.
The application relates to a sedition charge brought against the former prime minister over remarks he made in August last year, in the run-up to the Nenggiri by-election.
Muhyiddin was accused of questioning the discretionary authority of the then Yang di-Pertuan Agong, following the monarch’s decision not to appoint him as prime minister after the 2022 general election despite his claim of commanding the support of 115 MPs.
Justice Jamil Hussin held that Muhyiddin had met the threshold prescribed by law for the referral of questions to the apex court.
“The constitutional questions sought to be referred bear a direct connection to the matter in dispute before me.
“The decision of the Federal Court will have a bearing on the resolution of the dispute before me in a manner that is both expedient and economical,” he said.
Jamil also allowed a stay of the criminal trial pending the disposal of the matter by the Federal Court.
Lawyer Amer Hamzah Arshad earlier argued that, among others, Muhyiddin’s speech had discussed the provisions in Article 43 of the Federal Constitution.
“Is this something that falls under the Sedition Act? Clearly from the get-go, we have been caught by this legal issue,” he said.
The Perikatan Nasional chairman was charged in August last year under Section 4(1)(b) of the Act, which carries a maximum fine of RM5,000, up to three years’ jail, or both. Muhyiddin has pleaded not guilty.
The case, which was first heard at the Gua Musang sessions court, was transferred to Kuala Lumpur at Muhyiddin’s request.
