A statement by Lawyers for Liberty director Zaid Malek on April 4:

We refer to the statement by Inspector General of Police (IGP) Tan Sri Razarudin Husain that stated that the police are not investigating Umno Youth chief Dr Muhamad Akmal Saleh’s Facebook post of a photo of himself wielding a sword because no report was lodged against the post.

This is a blatant abdication of duty by the police force whose primary statutory function is to preserve and protect public order. Under Section 3(3) of the Police Act 1967, the police have duty to maintain law and order, preserve the peace and apprehend offenders. This duty is mandatory upon the police. They cannot choose in one case to enforce the law, and in another turn a blind eye. Their failure and/or refusal to take action in Akmal’s case will be a breach of their statutory duty under the Police Act.

To make things worse, this is no ordinary case of potential law-breaking. A national-level politician making this sort of statements has far-reaching impact on public order and tranquility, especially in the case of Akmal, who has in recent weeks publicly claimed that Islam is under attack over the 'Allah' socks issue. His sword-bearing Facebook post must be investigated for offences under Section 505 (b) and (c) of the Penal Code for causing public alarm and inciting one class or community of persons against another.

The lame and legally untenable excuse given by the police is not acceptable; there is nothing in the law that states that the police investigative powers begin only upon a report being lodged. This is an irresponsible position to take as it is the duty of the police to investigate any crime when they become aware of it. The inflammatory Facebook post has been national news.

In fact, it is common for the police themselves to make the police report to initiate an investigation. Investigations under the Peaceful Assembly Act and Communications and Multimedia Act for example are often conducted upon a police report filed by police officers. Why was the same not done in this case?

The refusal to investigate Akmal clearly points to selective prosecution. Ordinary members of the public have been arrested and charged swiftly upon any alleged controversial comments made on social media, such as what happened to Chiok Wai Loong and Ricky Shane Chagampag for their comments on the controversial 'Allah' sock issue. Why does the same zeal not apply to influential politicians like Akmal, who are part of the government coalition?

The rule of law must prevail, and all must be treated equally by the law. Akmal must be investigated for his inflammatory post just like anyone else would be if they posted something similar.

The government’s silence is also irresponsible and unacceptable. When it suits them, they pontificate about the 3Rs (the royalty, religion and race). When one of their own openly offends the 3Rs, they keep silent for political reasons. This is a disgrace and a failure to carry out fair and just governance.

Zaid Malek is a director of Lawyers for Liberty, a human rights and law reform initiative. 

https://www.theedgemarkets.com/node/706968