Friday, 8 July 2011

Nothing wrong with ISA, only JUDGES

"internal security of Malaysia"
"WHEREAS action has been taken"
Read these words carefully. How could judges allow all the ISA
detentions when actions had not been taken yet?
As for the Ministry's fault in detaining people contrary to the spirit
of the ACT, it is up to the judges to correct the Ministry's
interpretations, and allow claims of unlawful detentions.
After all, nobody is above the law, which means that immunity against
prosecution of public servants must be restricted to cases of "in good
faith", which is the words used in the act for the immunity of
government servants.
Once judges had made decisions allowing illegal interpretations of any
act, then we cannot blame the Ministers any more. So all the fault
lies with the judges, not the Ministers and not the ISA act itself.
There is no need to amend or even abolish the act. What is needed is
just honest and intelligent judges.
Act 82
An Act to provide for the internal security of Malaysia, preventive
detention, the prevention of subversion, the suppression of organized
violance against persons and property in specified areas of Malaysia,
and for matters incidental thereto.
[Peninsular Malaysia—1 August 1960, Act 18 of 1960;
Sabah, Sarawak*—16 September 1963, L.N. 232/1963;]
WHEREAS action has been taken and further action is threatened
by a substantial body of persons both inside and outside Malaysia—
(1) to cause, and to cause a substantial number of citizens to
fear, organised violence against persons and property; and
(2) to procure the alteration, otherwise than by lawful means,
of the lawful Government of Malaysia by law established;
AND WHEREAS the action taken and threatened is prejudicial to
the security of Malaysia;
AND WHEREAS Parliament considers it necessary to stop or prevent
that action;

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