10 theSun | TUESDAY DECEMBER 30 2008

news without borders

ISA stays despite strong protests

KUALA LUMPUR: Despite deafening calls to
abolish the Internal Security Act, there was no
indication this year that it would be abolished
or replaced with new legislation.
The Human Rights Commission of
Malaysia (Suhakam) had proposed that the
ISA be replaced with an anti-terrorism law,
stressing on the rights of the detainee such as
to appoint a lawyer and to judicial review.
Calls to abolish the act gained momentum
after several leaders of the Hindu Rights
Action Force (Hindraf) were detained on Dec
13 last year for holding a protest in Kuala
Lumpur on Nov 25 and making “slanderous”
statements against the government.
Matters came to a head when Malaysia-
Today editor Raja Petra Kamaruddin, Seputeh
member of Parliament Teresa Kok and Sin
Chew Daily reporter Tan Hoon Cheng were
detained under the ISA on Sept 12.
Blogger Raja Petra was detained for an
article with elements deemed insulting to
Islam that could spark anger and affect the
peace.
Kok, who was held under section 73 (1) for
sparking racial and religious conflict over the
azan call to prayer, was released after a week.
Tan was detained by police in Penang
for her report on a speech by the then Bukit
Bendera Umno chief Datuk Ahmad Ismail
who had allegedly said “the Chinese are
squatters”.
The Bar Council of Malaysia had passed
six resolutions at an extraordinary general
meeting, asking the government to abolish
the ISA and other laws allowing detention
without trial.
Former minister in the prime minister’s
department Datuk Zaid Ibrahim had said the
government should not have used the act on
the trio as there were other laws to punish
people who sparked racial tension such as the
Sedition Act and the Penal Code.
He said the ISA was still relevant, prov-
ided it is used for its original purpose to
detain terrorists conspiring to topple the
government, and not misused for political
interests.
People’s Progressive Party president
Datuk M. Kayveas said the party would
leave the Barisan Nasional if the govern-
ment failed to amend the act before the next
general election.
Despite the perception that the ISA is
repressive, detainees can challenge their
detention by filing a writ of habeas corpus
in court.
On Nov 7, the Shah Alam High Court
ordered Raja Petra’s release, ruling that
his detention by the home minister under
section 8 of the act did not fall within the
scope of the section.
On Sept 6, 2002, the Federal Court
released five opposition leaders and activists
after finding that their arrest and detention
on April 10 and 11, 2001 under Section 73
(1) was unlawful.
They were PKR information chief
Mohamad Ezam Mohamed Nor and
vice-president Tian Chua, reform activist
Hishammudin Rais, Free Anwar Campaign
director Raja Petra Kamaruddin and Jemaah
Islamiah Malaysia president Saari Sungib.
Former chief justice Tun Mohamed
Dzaiddin Abdullah told a seminar on the
Constitution and human rights in Kuala
Lumpur on Sept 30, 2003, that although the
court had no authority to review the power
of the home minister to detain under Section
8, it could review arrest and detention by
the police under Section 73.
A former ISA detainee was awarded
compensation of RM2.5 million last year
after he successfully filed a suit against the
police and government for his detention and
torture since 1998.
Judge Datuk Mohd Hishamudin Mohd
Yunus said Abdul Malek Hussin had a
right to compensation because his 10-day
detention on Sept 25, 1998, and 57-day
detention under the ISA was unlawful
and mala fide (in bad faith). It was held
that his interrogation at the federal police
headquarters in Bukit Aman was to gain
information for political purposes and was
not concerned with national security.
Prime Minister Datuk Seri Abdullah
Ahmad Badawi said the government had no
plan to review the act as it was still relevant.
Countries such as the United States and
Britain had also implemented such laws for
security reasons, he said.
Home Minister Datuk Seri Syed Hamid
Albar rejected claims that the ISA is used
freely, stressing that the government had
used it wisely and fairly. – Bernama

New players turn up the

heat in Parliament
KUALA LUMPUR: Parliament sessions
have never been the same since RTM
began live coverage showing govern-
ment backbenchers in a war of words
with the Opposition.
Key players are old timers like Karpal
Singh (DAP-Bukit Gelugor), Datuk Bung
Moktar Radin (BN-Kinabatangan), Datuk
Mohamad Aziz (BN-Sri Gading), Datuk
Seri Abdul Hadi Awang (PAS-Marang),
Datuk Seri Tiong King Sing (BN-Bintulu)
and Lim Kit Siang (DAP-Ipoh Timur).
The new kids on the block include
Thai Khairy Jamaluddin (BN-Rembau), Datuk
Mukhriz Mahathir (BN-Jerlun), Azmin
protest- Ali (PKR-Gombak), Gobind Singh Deo
ers force (DAP-Puchong) and Saifuddin Nasution
PM to Ismail (PKR-Machang).
The high temperature in Parliament
delay follows the political tsunami of the
speech March 8 general election which saw the
pg 13 Barisan Nasional winning only 140 out of
222 seats, with 82 going to the Opposi-
tion, thus losing its two-thirds majority.
All hell broke loose on the first day of
the Parliament sitting when RTM1 aired
a 30-minute live coverage which kept
many glued to their TV sets.
Veterans Karpal and Bung Moktar
turned the House into a circus when they
traded barbs, calling each other names.
“I hope that the Bigfoot from Kinaba-
tangan does not disturb me. Bigfoot, sit
down,” said Karpal.
“I dare you to stand. If I am Bigfoot,
you are Big Monkey,” Bung replied, tell-
ing Karpal off for questioning the manner
in which an MP had taken his oath.
The name calling did not end there,
with Karpal calling seasoned politician
Ibrahim Ali “frog” for contesting on a PAS
ticket while remaining an independent.
After the first day, several quarters
called for a review of the live cover-
age. The Cabinet however decided
that coverage should continue, while
advising MPs to behave and choose
their words carefully.
Speaker Tan Sri Pandikar Amin Mulia
and his deputies Datuk Dr Wan Junaidi
Tuanku Jaafar and Datuk Ronald Kiandee
had been likened to headmasters trying
to control a bunch of schoolchildren.
Some of Pandikar Amin’s decisions
caused dissatisfaction, and Fong Po
Kuan (DAP-Batu Gajah), Chong Chieng
Jan (DAP-Bandar Kuching) and Gobind
Singh Deo (DAP-Puchong) were ejected
and suspended for questioning them.
The entry of Parti Keadilan Rakyat
adviser Datuk Seri Anwar Ibrahim into
Parliament in August, replacing his wife
Datin Seri Dr Wan Azizah Wan Ismail as
opposition leader, only served to crank
up the heat in the House.
Anwar, who won the Permatang
Pauh seat vacated by Wan Azizah,
wasted little time in making his pres-
ence felt by claiming that several BN
MPs would switch to the Opposition,
enabling him to form the federal gov-
ernment on Sept 16.
His claim that at least 13 BN MPs from
East Malaysia would jump ship fuelled
talk of a possible vote of no-confidence
in Prime Minister Datuk Seri Abdullah
Ahmad Badawi, prompting calls for a law
against party-hopping. – Bernama

Gag order against PKR leaders

PETALING JAYA: “Outgoing”
Parti Keadilan Rakyat MP S.
Manikavasagam has agreed
to “shut up” following a gag
order issued by PKR deputy
president Dr Syed Husin Ali to
all party leaders until the Kapar
MP meets with party president
Datuk Seri Dr Wan Azizah Wan
Ismail and de facto leader Datuk
Seri Anwar Ibrahim, who return
from abroad on Jan 6.
Manikavasagam, who stood
firm that he would leave the
party, said in his blog (www.
mpkapar.com) yesterday that
“YB S. Manikavasagam will not
be making any press statement
until he meets party leaders to
explain his firm ‘stand’”, after the
gag order was issued on Sunday.
Syed Husin in a statement
urged various Pakatan Rakyat
leaders to stop taking their
differences to the media, esp-
ecially the Barisan Nasional
government-controlled media.
“This includes not only the
Selangor MB (Tan Sri Khalid
Ibrahim) and Kapar MP, but also
the Selangor state assembly
speaker (DAP’s Teng Chang
Khim) and Klang MP (DAP’s
Charles Santiago),” he said.
Syed Husin said the leaders
should sit down to discuss their
differences internally as there
were various existing channels
and procedures to do so.
He added that in the abs-
ence of Wan Azizah and Anwar,
he would call a meeting of the
PR’s political bureau tomorrow
to discuss the main and related
issues to find a solution.
Manikavasagam expressed
his intention to quit the party on
Saturday after his involvement in
a protest against the relocation
of the Klang bus and taxi station
to Klang Sentral in Kapar.