Malaysia

Muhyiddin’s Sedition Act reference bid to be heard by trial judge

The High Court has ruled that Muhyiddin Yassin’s application to refer constitutional questions on the Sedition Act 1948 to the Federal Court will be heard by the judge presiding over his main criminal trial

Updated 1 year ago · Published on 13 May 2025 5:06PM

Muhyiddin’s Sedition Act reference bid to be heard by trial judge
The legal issues stem directly from the ongoing sedition case and therefore should be heard by the same judge - May 13, 2025

FORMER Prime Minister Tan Sri Muhyiddin Yassin’s request to refer legal questions concerning the Sedition Act 1948 to the Federal Court will now be heard by the judge overseeing his main sedition trial.

High Court Judge Datuk Azhar Abdul Hamid allowed a request from defence counsel Amer Hamzah Arshad for the application to be transferred to Criminal High Court 4, where Judge Datuk Muhammad Jamil Hussin is presiding over Muhyiddin’s sedition proceedings.

Amer Hamzah explained that the legal issues stem directly from the ongoing sedition case and therefore should be heard by the same judge.

“The sedition case is the main case and has been set for trial at the Criminal High Court 4. Documents relating to the case have also been submitted to that court,” said Amer during the hearing.

“We have made an application to refer legal questions relating to the sedition case, and it has been registered before the Honourable Judge Azhar. Hence, we request that the application be heard before the Honourable Judge Datuk Muhammad Jamil since the main case is being tried before that judge.”

Deputy Public Prosecutor Abdul Malik Ayob raised no objections to the application.

Muhyiddin, 77, filed the reference on 4 April, seeking to challenge the constitutional validity of certain provisions under the Sedition Act 1948. He is contesting the charge on the grounds that it infringes upon his constitutional rights.

He had earlier pleaded not guilty to making seditious remarks during a political campaign at Dewan Semai Bakti Felda Perasu in Nenggiri between 10.30pm and 11.50pm on 14 August 2024.

The remarks in question related to his claim that he had not been invited by the Yang di-Pertuan Agong to be sworn in as prime minister following Malaysia’s 15th General Election, despite allegedly securing the support of 115 Members of Parliament.

Muhyiddin is charged under Section 4(1)(b) of the Sedition Act 1948, which carries a maximum penalty of RM5,000, up to three years’ imprisonment, or both, upon conviction. - May 13, 2025

court, Muhyiddin, legal questions, sedition, trail judge

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