What legal question about the Sedition Act 1948 is being referred?

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Prosecution to File Preliminary Objection Against Muhyiddin Yassin's Application to Refer Legal Question

The prosecution intends to file a preliminary objection against former prime minister Tan Sri Muhyiddin Yassin's application to refer a legal question concerning the Sedition Act 1948 to the Federal Court. This application, filed on April 4 under Section 84 of the Courts of Judicature Act 1964, seeks to pose a specific legal query related to Muhyiddin's ongoing sedition case. The High Court has set April 29 for further case management.
Legal Question Under Consideration

The core of Muhyiddin Yassin's application revolves around a legal question pertinent to his sedition charge. While the precise wording of this question has not been publicly detailed, it is understood to be related to the interpretation and application of the Sedition Act 1948 in the context of his alleged statements. This referral aims to seek a definitive ruling from the Federal Court on a matter of law arising from the case.
Details of the Sedition Charge

Muhyiddin, 77, faces a charge under Section 4(1)(b) of the Sedition Act 1948 for allegedly making seditious remarks during the Nenggiri by-election campaign on August 14, 2024. The prosecution contends that these statements related to his claim of not being invited by the Yang di-Pertuan Agong to be sworn in as prime minister after the 15th General Election, despite his assertion of commanding the support of 115 out of 222 Members of Parliament.
Prosecution's Stance on the Referral

Deputy public prosecutor Datuk Razali Che Ani informed the High Court that the prosecution would be filing a preliminary objection to Muhyiddin's application to refer the legal question. This indicates that the prosecution will challenge the validity or necessity of such a referral to the Federal Court at this stage of the proceedings. The grounds for this preliminary objection have not yet been elaborated.
Background of the Sedition Act 1948

The Sedition Act 1948 is legislation in Malaysia that prohibits seditious tendencies, which are generally understood to encompass speech or actions that incite disaffection against the King, the government, or promote ill-will between different races or classes. Historically, the Act has been a subject of debate regarding its scope and potential impact on freedom of speech. Conviction under Section 4(1)(b) of the Act can lead to a maximum fine of RM5,000, a maximum imprisonment of three years, or both.

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What legal question about the Sedition Act 1948 is being referred?

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