KUALA LUMPUR – Members of the legal fraternity are against any potential ban on former attorney-general Tan Sri Tommy Thomas’ book, My Story: Justice in the Wilderness.
Former Bar Council president Ragunath Kesavan said the practice of banning of books is very much “outdated and ineffective”, especially in the era of social media, where it would have minimal effect.
“Best is for parties to respect freedom of expression as much as one finds the book or any parts of it unpalatable.
“You may, of course, refute Tommy’s views or version of facts,” Ragunath told The Vibes.
He said banning books could have the opposite effect and end up being read by a wider audience.
It was reported yesterday that the Home Ministry may ban Thomas’ book for potentially breaching the Official Secrets Act 1972 (OSA).
Lawyer Kuhan Manokaran acknowledged it is possible the book is in breach of the Act, but disagrees with prohibiting as there are other more pressing matters for the government to focus on right now.
“I am against the banning of the book. I think the government should relax and focus on more pressing matters at hand, like the disastrous handling of the Covid-19 situation in the country and the various economic problems brought about by this movement control order (MCO),” Kuhan said.
Kuhan said he had expected the possibility of the ban, and had purchased the book as soon as it was available.
“There is a possibility the book breached some provisions of the OSA. And Thomas, being a seasoned practitioner, must have had this in his contemplation when he was writing his book.
“In my opinion, in writing this book and revealing information as he did, it was a calculated risk on his part and that of Gerakbudaya,” he said.
My Story: Justice in the Wilderness is published by Gerakbudaya through its SIRD imprint.
Even if there are breaches of the OSA or if anyone is defamed, there is recourse via civil and criminal law, Kuhan said.
“Banning the book now will serve no other purpose than simply adding to the popularity of the book,” he said.
Sharing a similar view that it is best for disputes on the matter to be left to the courts is constitutional lawyer Datuk Seri Jahaberdeen Yunoos.
“Of course, there may be many things in the book that some parties may be uncomfortable with, that may even possibly be defamatory, and if so, let that be tested under the existing laws in court,” Jahaberdeen said.
He said that he is not in favour of banning books and letting the authorities filter what a thinking Malaysian society should read.
“However, the rule of law should be allowed to proceed and I hope it’s in the court of law and not through some arbitrary exercise of power by the authorities.” – The Vibes, February 7, 2021
