Najib Abdul Razak has explained that three leaders of the Hindu Rights Action Force (Hindraf) were charged in court yesterday for inciting racial issues and arousing the anger of other races.

The deputy premier said Hindraf chairperson P Waythamoorty, his brother Uthayakumar and V Ganabatirau were not charged because of the planned rally tomorrow.

Bernama quoted Najib as saying in Alor Star that anyone who fanned racial sentiments and instigated the people would be charged in court as their actions breached the country's laws.

"No matter who they are, if they are found to be giving or have given seditious speeches that arouse the anger of the other races, they can be charged.

"They can speak up but cannot break the law. If their speeches are seditious and instigative and can spark racial clashes, legal action will be taken against them," he warned.

Najib said the country's laws explicitly state that anyone intending to organise a gathering must get a police permit but if they still went ahead with the unlawful assembly, they must be prepared to face the law for their defiance.

Seditious tendency

Lawyers Waytha Moorthy,, 41, Uthayakumar, 46, and Ganabatirau, 34, were charged in the Klang Sessions Court with uttering seditous words in Tamil at a gathering in Batang Berjuntai, Kuala Selangor, on Nov 16.

They claimed trial to the charge.

They were charged under Section 4 of the Sedition Act 1948 (Revised 1960), which states that anyone who utters any seditious words will be liable to a maximum RM5,000 fine or three years' jail, upon conviction.

The seditious tendency includes inciting racial hatred and bringing the government and the Yang di-Pertuan Agong into contempt.

It applies to an act, speech, words, or publication. It includes any phrase, sentence, or combination of words, oral or written.

The three are also said to be key players in the Hindraf-initiated gathering tomorrow.