POLICE should exercise restraint in their investigations against Klang MP Charles Santiago and other lawmakers as this would be perceived as stifling the freedom of expression, said Malaysian Bar president Abdul Fareed Abdul Gafoor.

Charles had spent three hours at the Federal police headquarters in Bukit Aman on Monday where he was questioned on allegations of defamation and provocation regarding statements he made against controversial preacher Zakir Naik.

Zakir had lodged police reports against Charles and three other lawmakers and a former ambassador for allegedly defaming him.

Fareed told The Malaysian Insight that police are empowered to investigate when a report is lodged, and it is within their prerogative to commence investigation for criminal defamation under the Penal Code or any other offence if it has criminal elements.

The Malaysian Bar president, however, said in the case of the investigation against Charles on a report lodged by Zakir, it is an issue involving two individuals.

“Any grievance by a party can be pursued through the civil courts,” Fareed said.

“As such, the Bar is of the view that the authorities should exercise restraint in pursuing an investigation which can be perceived to stifle freedom of expression in a democratic space which is enshrined in the constitution.

“More so in the case of Charles Santiago, who is an elected representative.”

Police are looking into Santiago’s statements in which he had urged the cabinet to discuss what he perceived as Zakir meddling in national affairs and questioned why the government was giving him room to preach in Malaysia.

This was after Zakir had given a speech in Kota Baru, Kelantan last month where he said Malaysian Hindus are more loyal to India’s Prime Minister Narendra Modi than to Dr Mahathir Mohamad.

Zakir then lodged police reports against Charles, Human Resources Minister M. Kulasegaran, former ambassador Dennis J. Ignatius, Penang Deputy Chief Minister II P. Ramasamy and Bagan Dalam assemblyman Satees Muniandy after they had slammed the Mumbai-born televangelist for his speech.

The National Association of Patriots (Patriot) last week had said Zakir’s allegation that five people had defamed him was a civil case, and therefore not appropriate for police to investigate.

Patriot also said it sent a wrong message to the country at a time when it needed to stand united and not allow ethno-religious politicking to rip the country apart.

Patriot public communications director Wong Ang Peng said in a letter that it was not for the government to get involved in civil cases concerning the private affairs of individuals.

“Our police force is professional and must have gotten unwise instruction with political motivation from the Home Ministry.

“The investigation into the five persons seems to be aimed at appeasing the rural masses that Zakir has strong support of. If it is for political expediency, this notion of trying to win votes from the rural masses is unlikely to bear fruit,” Wong had said in his letter.

Lawyer Mohd Khairul Azam Abdul Aziz felt Zakir had every right to lodge police reports and he can also sue the five if he wanted to.

“There’s nothing wrong in Zakir lodging the police reports and for the authorities to investigate. This is going by the book,” said Khairul who is also the vice-president of Parti Bumiputera Perkasa Malaysia (Putra).

Khairul also said that that whatever action the police took, it was not to please the rural masses, as claimed by Patriot.

“This has nothing to do with the amount of support Zakir allegedly has.

“This is a non-issue. The outcome of an investigation does not depend on the amount of support a person has,” the lawyer said.

Zakir has been in the news after India had issued a warrant of arrest for the preacher on charges related terrorism and money-laundering.

Malaysia has been steadfast in refusing to extradite the controversial figure for fear he will not get a fair trial in India.

Yesterday, Prime Minister Dr Mahathir Mohamad told BFM’s Breakfast Grille programme that Malaysia is trying to find a country that will accept Zakir, but “no one” wants the controversial preacher.

The prime minister said this when asked about the perception that Putrajaya is “protecting” Zakir.

“We are trying to find a place that he can go to, but at the moment, no one wants to accept him,” Dr Mahathir had said. – September 18, 2019.