Malaysia

Muhyiddin granted leave to refer Sedition Act question to Federal Court

Kuala Lumpur High Court allows former prime minister to raise constitutional challenge concerning sedition charge linked to by-election campaign remarks

Updated 1 year ago · Published on 28 Aug 2025 5:09PM

Muhyiddin granted leave to refer Sedition Act question to Federal Court
Muhyiddin has pleaded not guilty to uttering allegedly seditious remarks during a by-election campaign event for the Nenggiri state seat at Dewan Semai Bakti Felda Perasu - August 28, 2025

THE Kuala Lumpur High Court has granted former prime minister Tan Sri Muhyiddin Yassin permission to refer a constitutional question relating to the Sedition Act 1948 to the Federal Court.

Presiding judge Datuk Muhammad Jamil Hussin ruled on Thursday that Muhyiddin, 78, had met the necessary legal threshold for the referral under Section 84 of the Courts of Judicature Act.

“The constitutional issue raised is directly relevant to the disputed matter, and the Federal Court’s ruling will significantly impact the resolution of this case,” said the judge.

“The question is complex and merits referral to the Federal Court for determination. The prosecution’s objection, in this case, is without merit.”

He added that proceedings in the High Court will be temporarily suspended pending the outcome of the Federal Court’s decision on the referral.

Muhyiddin was absent from court and represented by his counsel, Datuk Amer Hamzah Arshad. Deputy Public Prosecutor Datuk Razali Che Ani led the prosecution.

The case relates to a charge under Paragraph 4(1)(b) of the Sedition Act 1948, which carries a maximum fine of RM5,000, imprisonment of up to three years, or both, upon conviction.

Muhyiddin has pleaded not guilty to uttering allegedly seditious remarks during a by-election campaign event for the Nenggiri state seat at Dewan Semai Bakti Felda Perasu between 10.30pm and 11.50pm on 14 August 2024.

The comments in question pertained to claims that the Yang di-Pertuan Agong did not invite him to be sworn in as prime minister after the 15th General Election, despite allegedly having the support of 115 out of 222 Members of Parliament at the time. - August 28, 2025

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