Saturday, September 13, 2008

Government on detaining spree

Another Ops Lalang?



(From left) DAP's Teresa Kok, Raja Petra and Sin Chew reporter Tan Hoon Cheng were arrested Friday under the ISA. (Photo by The Star)


Less than 3 hours ago, Teresa Kok was detained under the Internal Security Act (ISA). Earlier in the same day, Malaysia Today editor Raja Petra Kamaruddin and Sin Chew Daily reporter Tan Hoon Cheng were arrested under the same act while three Malaysian newspapers - Sin Chew Daily, The Sun and Suara Keadilan - were issued show cause letters by the Home Ministry. These actions by the BN led government is reminiscent of what happened in 1987 (though I don't even exist at that time), where 106 persons under the ISA and the publishing licenses of two dailies, The Star and the Sin Chew Jit Poh and two weeklies, The Sunday Star and Watan were revoked. Whether these latest events are the prelude to Ops Lalang II remains to be seen in the coming days.

What concerns me that made me sacrifice some of my time (tests are around the corner) to blog about this is the way justice is served. What did these three people do that warrant such treatment? Firstly, let's look at the sections of the legislation that are related to the ISA:

Section 73(1) Internal Security Act 1960: "Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."

Section 8 ISA: Power to order detention or restriction of persons. "(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years."


In short, a person must be a threat to national security in order to be detained under the ISA. Are these three individuals really a threat to security?


Raja Petra

Those who read Malaysia Today would surely know that Raja Petra is known for his "no holds barred" criticism of the government. Yes, his articles published in Malaysia Today are certainly the cause of his detention.

Just a week ago, the Home Minister, Syed Hamid Albar said (link) Raja Petra could be charged under the Internal Security Act for comments allegedly insulting Islam and Prophet Muhammad in an article entitled "I promise to be a good, non-hypocritical Muslim".

The million-dollar question: How can insulting Islam and Prophet Muhammad be a threat to national security?


Tan Hoon Cheng

I'm surprised and shocked that a reporter who is merely doing her job is arrested under the same act. She is apparently arrested over her report on alleged racist remarks by Datuk Ahmad Ismail.

A reporter's job is to cover events happening in the country, and Tan as a reporter has every right to do this. If she is negligent in her job e.g. misquoted Ahmad Ismail, then it's up to Ahmad Ismail to take legal action against her. In fact, it was reported (link) that UMNO Penang was appointing a lawyer to sue her. It seems that the government thinks that the courts are not to be trusted and decided to take matters into their own hands.

The million-dollar question: Who is more of a threat to national security? An unrepentant leader continuing making racist remarks even after the reported event or a reporter just doing her job?


Teresa Kok

Yet again, there is no concrete reason for Teresa Kok's arrest. Teresa Kok has been accused of disallowing azan (calls for prayers) from sounding in mosques in Puchong and Kota Damansara.

The accuser was none other than former Selangor Menteri Besar Dr Mohd Khir Toyo, who in an Utusan report, urged the opposition Pakatan Rakyat-led Selangor government not to concede to purported moves by “a certain party” to disallow azan emanating from loudspeakers of mosques in Puchong and Kota Damansara (link). The government decided to take the word of Mohd Khir as gospel truth while disregarding the accounts of Kota Raja member of parliament Dr Siti Mariah Mahmud of PAS (link) and even the mosque involved (link). The person who is a threat to national security should be the accuser who has distorted facts.

The million-dollar question: Who is Dr Mohd Khir Toyo?


Conclusion: The case studies above show that the ISA can be interpreted and manipulated to the whims and fancies of the present BN-led government.

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