Calling for Azam Baki's removal is not toppling the government, lawyers warn

Authorities have been warned against using a draconian law to suppress the growing demand to replace Azam Baki, the Malaysian Anti-Corruption Commission (MACC) chief at the centre of two explosive reports by financial news Bloomberg.

This follows an announcement by Inspector-General of Police Mohd Khalid Ismail today that an investigation has been launched into an international media agency and an "influential person" for alleged attempts to topple the government.

Lawyers for Liberty (LFL), saying it is obvious that the government's target is Bloomberg, questioned the use of Section 124B of the Penal Code amid increasing pressure to investigate shocking allegations involving Azam and MACC.

"Whilst acknowledging the unconstitutionality of Section 124B of the Penal Code, it is also important to highlight that Azam Baki and MACC are not parts of ‘parliamentary democracy’ in any sense, making this investigation entirely baseless even within the confines of its intended use," said LFL director Zaid Malek.

Section 124B of the Penal Code, enacted just before the draconian Security Offences (Special Measures) Act (Sosma) was introduced in 2012, refers to the offence of committing activities "detrimental to parliamentary democracy", a phrase defined by law as activities "designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means".

Zaid said both Section 124B and Sosma complement each other, as shown by their use against government critics in the past, including those calling for an investigation into the 1MDB scandal.

"There can be no pretence that Section 124B was enacted as a brutal means to intimidate and clamp down on dissent. The public can attest to its inherent draconian DNA when it was proactively utilised against government critics; it was barely a little over a decade ago that this provision was actively weaponised for that very purpose."

Zaid named DAP's Tony Pua, as well as PKR's Rafizi Ramli and Adam Adli, as among those investigated under the same law, and questioned Prime Minister Anwar Ibrahim for allowing its use.

"Surely Anwar does not suffer from any memory lapse over the oppressive nature of this law," he said.

"For all of Anwar’s supposed strong stance stating his deploration of corruption, it seems to stop short when it comes to Azam Baki."

On Feb 12, Bloomberg published its investigative report on Azam, interviewing witnesses and victims of individuals known as the "corporate mafia", whom it said were working in cahoots with MACC officers to forcefully take over ownership of public-listed companies.

The report followed an earlier revelation that Azam held millions of shares worth approximately RM800,000 in a listed company, in violation of a government circular prohibiting public servants from such holdings.

Amid protests, Anwar has strongly defended Azam, whose tenure as MACC chief he has extended three times since coming to power.