Charge Najib for 'activities detrimental to parliamentary democracy', says Kit Siang

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KUALA LUMPUR (May 29): DAP veteran and Gelang Patah MP Lim Kit Siang has urged the police to investigate and charge former prime minister Datuk Seri Najib Razak under the Penal Code for "activities detrimental to parliamentary democracy".

Writing in his blog today, Lim said Najib as prime minister had orchestrated a multi-faceted operation to undermine parliamentary democracy by attacking important principles of democracy in Malaysia like the rule of law, doctrine of separation of powers, good governance and public integrity as well as a systematic attack on the independence, impartiality and professionalism on key national institutions.

"During Najib's premiership, the new Penal Code criminal offence of 'activities detrimental to parliamentary democracy' was misused against critics and Opposition leaders who sought to protect and advance the cause of parliamentary democracy including those who tried to expose the 1Malaysia Development Bhd scandal which had transformed Malaysia into a global kleptocracy.

"The offences of 'activities detrimental to parliamentary democracy' are new-fangled offences in Sections 124B to 124N introduced by the Penal Code (Amendment) Act 2012 which was passed by Parliament in 2012, given the Royal Assent on June 18, 2012 and gazetted on June 22, 2012," he said.

Lim highlighted the main provisions as:

  • Section 124B: "Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to twenty years."
  • Section 124C: "Whoever attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years."
  • Section 124D(1): "Whoever, by any means, directly or indirectly, prints, publicises, sells, issues, circulates or reproduces any document or publication detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to fifteen years."
  • Section 124E(1): "Any person who, without lawful excuse, has in his possession any document or publication detrimental to parliamentary democracy or any extract therefrom, shall be punished with imprisonment for a term which may extend to ten years."

Lim added that among those persecuted under this provision were The Edge Media Group chairman Datuk Tong Kooi Ong, Ambiga Sreenivasan, Maria Chin, Tony Pua, Rafizi Ramli, and Datuk Seri Khairuddin Abu Hassan.

He said Malaysians, through the historic decision of the 14th General Election on May 9 last year had saved the country from a terrible fate that would have befallen the country if Najib had been re-elected as Prime Minister of Malaysia.

"Malaysians must not easily forget the darkness which they had escaped from by the historic decision of May 9, 2018," he said.

Lim said the Pakatan Harapan government is stronger now after having weathered its first year, which unexpectedly had to be focussed on "draining the swamp - and what is most shocking, was to discover how horrendous was the swamp that was left behind by the Umno/BN government".

"Although the task of draining the swamp is not fully done, the second year of Pakatan Harapan government in Putrajaya should be better than the first year in terms of delivery of Pakatan Harapan pledges to create a New Malaysia.

"It is not possible to undo the corruption, abuses of power and deviations caused by six decades of Umno/BN government, as it cannot be accomplished in a hundred days or a year but a mission which will take years and even over a decade," he said.