The Federal Court's finding that the Sedition Act 1948 is constitutional places a shroud on academia, as the law can continue to be used to curb academic freedom, academia group Malaysian Academic Movement (Move) said.

The apex court found the law valid, following a constitutional challenge by Universiti Malaya (UM) law lecturer Azmi Sharom, who is facing a sedition charge after he weighed in on the 2009 Perak constutional crisis.

"We, as academics have a responsibility to share our expertise not only with our students and the academic community but also with the public at large.

"This is part of our required contribution to society. Academics are not robots that just do teaching and research. We must give back to society for giving us academic freedom," its secretary-general Rosli H Mahat (photo) said.

"We need room for academic expression. We can never have high-ranking world class universities without academic freedom," he said in a statement.

Calling the verdict "disappointing", the UM physics lecturer also urged the attorney-general to drop charges against Azmi.

Sedition Act valid until it is repealed

In delivering the verdict yesterday, Chief Justice Arifin Zakaria said the intention of the framers of the constitution is to ensure the existing (pre-Merdeka) law is valid and continues to be valid and enforceable upon the coming into operation of the federal constitution on Merdeka Day.

“It follows therefore that the Act being the 'existing law' at the material date should continue to be valid and enforceable post-Merdeka day,” he said.

"Hence, we answer the (second question) on whether the Sedition Act is valid under the federal constitution as ‘in the positive’," Justice Arifin said in announcing the decision.

Justice Arifin (photo) reasoned further that after Malaya achieved independence, it was not possible for a new set of legislation to be immediately enacted by Parliament to replace existing laws.

“It is inevitable that all laws then in operation will have to be continued until they are repealed.

"This is provided in Article 162 which is a transitional provision intended to ensure the continuance of all existing laws after Merdeka Day with such modifications as maybe made by federal or state law.”

The other judges sitting with him were Court of Appeal President Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinudin and Federal Court judges Abdull Hamid Embong and Suriyadi Halim Omar.

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