We are a constitutional monarchy, rights lawyers tell govt as cops investigate Muhyiddin for sedition

Vocal rights group Lawyers for Liberty (LFL) has condemned the latest use of the Sedition Act following the police's move to question Perikatan Nasional chairman Muhyiddin Yassin over a speech in which he questioned former Yang di-Pertuan Agong's decision not to appoint him as prime minister despite having the support of the majority of MPs.

LFL director Zaid Malek reminded the government that the Agong is a constitutional monarch and that he is not "above scrutiny or public discussion" in carrying out his constitutional duty to appoint the prime minister".

He accused the Pakatan Harapan-led government of going "to the opposite extreme" by blocking any scrutiny of discharging the Agong's constitutional powers.

"This is fundamentally contrary to democratic governance," he said.

"The role and duties of the Agong are governed by the Federal Constitution and determination of compliance with the constitution requires scrutiny of the Agong’s actions. This can never be an offence, and neither is it 'derhaka' (treason) as claimed by some irresponsible politicians on the government side."

Speaking at a PN event during the Nenggiri by-election campaign recently, Muhyiddin recalled the political stalemate following the 15th general election in 2022.

"Going by the numbers, we would have been the government, right? At that time I got support once again, there were 115 MPs supporting me.

"If you go by the constitution, I had more than the required number to become prime minister. I do not want to nitpick, but this is a record of history. But somehow, the then Yang di-Pertuan Agong did not invite me to the palace to take the oath.

"Who was the Yang di-Pertuan Agong at that time? Pahang," Muhyiddin said, referring to Sultan Abdullah Sultan Ahmad Shah. "We do not want to say anything bad. But for me it was a bit unusual. But it's all right."

In the general election, PH won 82 seats, followed by PN (73), Barisan Nasional (30), GPS (23), Gabungan Rakyat Sabah (6), Warisan (3), one seat each for Parti Kesejahteraan Demokratik Masyarakat and Parti Bangsa Malaysia, and two seats for independent candidates. The election for another seat, Padang Serai, was held later and won by PN.

The former prime minister had submitted 115 statutory declarations from MPs backing him, meeting a deadline set by the palace for coalition leaders to prove their support.

Sultan Abdullah then reportedly ignored the 115 affidavits from MPs supporting Muhyiddin and instead invited the leaders of the various coalitions to Istana Negara.

Muhyiddin later said he had disagreed with a proposal by the Agong for his coalition to join hands with PH chairman Anwar Ibrahim to form a "unity government".

The palace later named Anwar as prime minister, who received the support of GPS, which said it would go in favour of whoever the Agong chose.

According to Article 43(2)(a) of the constitution, the Agong shall appoint as prime minister someone who in his judgement has the confidence of the majority of MPs.

LFL said the provision makes it clear that the Agong must appoint a prime minister who is likely to command the confidence of the majority of MPs.

"It thus follows that discussion of the Agong’s determination of the confidence of the majority cannot be prohibited or curtailed," the group said.

It reminded Anwar and his PH coalition of how they had opposed the use of the Sedition Act.

"PH leaders seem to have forgotten how they rallied behind the late Karpal Singh on his criminal charge under the Sedition Act for questioning the Sultan of Perak in determining a similar issue of the confidence of the then Perak menteri besar, Nizar Jamaludin.

"To sing a different tune now that they are in power is to be blatantly unprincipled."

Zaid called on government leaders "especially those from PH" to take lessons from the charges slapped on Karpal and repeal the Sedition Act.

"This archaic colonial- era law has no place in a constitutional, democratic nation. Where the rule of law prevails, no person or body can be beyond scrutiny."

Among DAP MPs who have called for Muhyiddin to be investigated for sedition is Jelutong MP RSN Rayer.

"I would like to point out that the statements made by Muhyiddin in the eyes of Malaysian criminal law are an element of contempt and insult to the royal institution, and can rouse the public’s anger against the royal institution," Rayer said in a police report as quoted by PH-friendly portal Malaysiakini.