Madhavan Nair & Anor. v. Public Prosecutor

Madhavan Nair & Anor. V. Public Prosecutor

Madhavan Nair & Anor. v. Public Prosecutor

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Madhavan Nair & Anor. v. Public Prosecutor is a case in Malaysian law concerning the freedom of speech, sedition, and Article 10 of the Constitution.

Background

The applicants had applied for and been granted a permit to speak in a public place under the terms of the Police Act, which grants the Royal Malaysian Police the power to issue such licences. The permit prohibited the applicants from speaking about particular issues, including the status of the Malay language as the national language, and policies related to education. These issues were considered "sensitive"Yatim, Rais (1995). Freedom Under Executive Power in Malaysia: A Study of Executive Supremacy, p. 155. Endowment Publications. ISBN 983-99984-0-4. — they had been entrenched in the Constitution after the May 13 Incident of racial rioting in the federal capital of Kuala Lumpur in 1969.Khoo, Boo Teik (1995). Paradoxes of Mahathirism, pp. 104–106. Oxford University Press. ISBN 967-65-3094-8.

The applicants argued that these restrictions issued by the Police were unconstitutional, contravening Article 10, which provides for freedom of speech (subject to any legislation that Parliament may pass restricting this freedom). In their view, a person ought to be able to speak on any issue he likes — if in doing so, he runs the risk of violating the law (questioning the "sensitive" provisions of...
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