KUALA LUMPUR - An activist lawyer has accused the police of deliberately harassing Datuk Seri Anwar Ibrahim, after the PKR president was summoned for questioning over a list of 121 MPs supposedly backing him to form a new government.
Datuk Sankara Nair said the conduct of the police was tantamount to contempt of the parliamentary process and could be deemed as being detrimental to parliamentary democracy.
He pointed out that the action contravenes Section 124(b) of the Penal Code, which states that it is an offence to commit activities detrimental to parliamentary democracy, and Section 124(c), for attempting to commit such acts.
Those found guilty face imprisonment of up to 20 years and 15 years respectively for the two acts.
“There is no valid reason for the police to act in such a haste, by instructing Anwar to appear before them on Oct 12 on the eve of his audience with the Yang di-Pertuan Agong," he said.
“This is tantamount to gross interference and an attempt to scupper and undermine the parliamentary process.
“They ought to know the law and not attempt to subvert it. It’s unfortunate they did not take note of these provisions under the Penal Code.”
Sankara, who has represented Anwar in the past, was commenting on Bukit Aman Criminal Investigation Department (CID) director Datuk Huzir Mohamed’s statement on Monday that the Port Dickson MP would be called in for questioning.
This comes after six police reports were lodged against Anwar over a viral list of 121 lawmakers who are purportedly supporting him in his bid to be the prime minister.
Anwar was supposed to have his statement recorded on October 12 – just one day before his audience with the Agong to inform the latter that he has enough support to form the government – but the interview has since been postponed.
The case is being probed under Section 505(b) of the Penal Code (for publishing or circulating statement or rumour with the intent to cause public fear or alarm) and Section 233 of the Communications and Multimedia Act 1998 (for improper use of network facilities or network service).
Sankara said it made no sense that Anwar is investigated under the two sections, particularly as he was not the individual responsible for creating or disseminating the list of the 121 MPs.
“The police had cognisance that the list in question was circulated by cybertroopers, all over the Internet. Moreover, PKR communications director Fahmi Fadzil has officially denied it,” he said.
Asked if he would be advising Anwar to take legal action, Sankara said he does not currently represent the PKR man, but explained that action could still be taken against the police should a report be lodged to the Attorney-General’s Chambers (AGC).
“Anybody can file a report saying the police are attempting to breach Section 124 of the Penal Code, and the AG can give the nod for a probe to be conducted,” he added.
“I just don’t get why the police are interfering. It has nothing to do with them. If Anwar says he has the majority, and the Agong has consented to grant him an audience, then let the parliamentary process take its course.
“Whether or not he has the majority, it’s between him and the Agong. He has the right to meet the king and explain.” - The Vibes, October 14, 2020
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