Saturday, 17 September 2011

Nothing wrong with ISA: Only its illegal implementation

Read the comments made by this Professor based on what I had recently read about the ISA. It is not the law, but its implementations by Policemen and Judges. It is very clear in the constitution and the ISA acts that it is meant for events threatening the FEDERATION ONLY!!!

Not even any state government, let alone a person as imporant as the Prime Minister. But when police start interpreting events that threaten UMNO as threatening the Federation of Malaysia, it is indeed a blatant illegal implementation of these acts and constitutions.

Answer for all ISA arrests, law expert tells Putrajaya

September 16, 2011

Aziz said BN should not claim credit for the repeal of the ISA. — File pic
KUALA LUMPUR, Sept 16 — Constitutional law expert Professor Abdul Aziz Bari wants the government to be answerable for all previous arrests under preventive laws like the Internal Security Act (ISA), urging for the formation of a royal commission to investigate power abuse.
He also cast doubt over Putrajaya’s reform promises made last night, questioning if Barisan Nasional (BN) and its lynchpin Umno have abandoned their own political philosophy.
“But whatever the case, perhaps it is necessary to set up a royal commission to investigate the abuse of the powers under the ISA and emergency proclamations.
“In a democracy, the government must be made accountable for its actions and decisions,” he said in a statement here.
Prime Minister Datuk Seri Najib Razak, BN and Umno should not claim credit for moving such reforms, he added, pointing out that demands for the revocation of the three Emergency Declarations and the repeal of the ISA have been made for years by the federal opposition.
Aziz said Najib was only reacting to demands from the opposition, indicating that the prime minister “does not seem to be in power”.
He also urged the government to broaden its reforms to include repealing the University and University College Act 1971 (UUCA), Societies Act 1966, and Section 27 of the Police Act 1967.
Yesterday, Najib announced a slew of reforms to the country’s press and security laws, including the repeal of the ISA and several significant amendments to the Printing Presses and Publications Act and Section 27 of the Police Act regarding peaceful assembly.
“The proposal on Section 27 was put up by the royal commission headed by former [Chief Justice] Tun Dzaiddin (Abdullah) in 2005.
“In its report the [2005 Royal Commission on the Enhancement of the Management and Operations of the Police] found that the police have abused the power to deny the right to peaceful assembly that is provided for by the Constitution,” said Aziz.
He also urged for amendments to the Official Secrets Act 1971, which he said has been tightened over the years, and the controversial Sedition Act 1948.
“The problem with this archaic and draconian law (Sedition Act) is that not only ordinary citizens are under its threat.
“In fact even MPs, who are the lawmakers, can be prosecuted under it. Not even parliamentary privileges can help them,” he pointed out.

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