KUALA LUMPUR: Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia allowed the government to go ahead with a debate on controversial amendments to the Sedition Act 1948, despite an earlier objection by the opposition that it was sub judice.

He said the discussion in the House would not be sub judice, or have an influence on the case where the constitutionality of the colonial-era law is being challenged by academic Dr Azmi Sharom in the Federal Court.

Quoting from a ruling of the Parliament of India, he said the rule of sub judice could not stand in the way of legislation. “I have an authority from the Parliament of India, the biggest democracy in the world. The rule of sub judice cannot stand in the way of legislation.Where the law has to be made, the rule of sub judice does not apply.”

DAP lawmaker Gobind Singh Deo, citing the House Standing Order 36(2), had earlier urged the Speaker to use his discretion to disallow the debate on the amendments to the Sedition Act to continue because the constitutionality of the law was being challenged in the Federal Court.

“Speaker, you have discretion whether or not to allow this to be debated. To do this, the mother act that needs to be amended is the Sedition Act. But the constitutionality of the matter is being heard in the court.

“What we are doing is an exercise in futility. If the court agrees with Azmi, we have amended a law that is unconstitutional. I am of the opinion that what is being proposed should be deferred to await the decision of the Federal Court,” Gobind, who is also Azmi’s lawyer, said.

Before announcing his decision, Pandikar asked Home Minister Datuk Seri Ahmad Zahid Hamidi if the government intended to continue with the debate after listening to Gobind’s contention.

However, Ahmad Zahid said the government had already discussed the matter with the Attorney-General’s Chambers and it was decided that debating the amendments was not sub judice to the ongoing court case. “This is because these are amendments we are debating. And the one being challenged is the Act itself,” the Bagan Datoh member of parliament said.

After deciding that the debate would go on, Pandikar warned parliamentarians from both Barisan Nasional and Pakatan Rakyat to “carefully choose” those who would debate the bill, limiting the numbers from each side to nine speakers, and allocating half an hour each. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on April 10, 2015.