The High Court has freed Raja Petra or better know as RPK from ISA detention. In making the ruling, the Judge has said that the Home Minister i.e. Hamid Albar (emphasise is mine) had acted outside his jurisdiction when he issued the two-year detention order under Section 8(1) of the ISA.
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http://thestar.com.my/news/story.asp?file=/2008/11/7/nation/20081107094618&sec=nation
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Based on the news report, the basis for the Judge’s ruling really attracted my attention simply because he said the Home Minister acted beyond his jurisdiction. Come to think about it again, why did the Judge made such reasoning when Section 8 (1) of the ISA clearly gives power to the Minister to detain a person for a period of maximum two (2) years? So, based on the provision of Section 8 (1), Hamid Albar, in issuing the detention order should have been said to have had acted within his jurisdiction. The only thing that I can think of as to what does the Judge meant in his reasoning is the second part of Section 8 (1) which says that the detention order may only be made if the Home Minister is satisfied that the person may be prejudicial to the security of Malaysia or to the maintenance of essential services or to the economic life thereof.
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I 100% agree with the Judge, not because I admire RPK, but because to me RPK is not a threat to the nation but perhaps he is a threat to certain individual (it goes without saying who the individual is). As such, the Judge is correct in saying that Hamid Albar acted beyond his jurisdiction because he cannot detain a person under the ISA if such person is just a threat to an individual, no matter how powerful that individual is.
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Now, in doing so, don’t you think that Hamid Albar had abused his power conferred under the ISA? I believe he did. So, in such a situation, what remedy does RPK or any detainees of rthat matter (which was wrongfully detained under the ISA) have for the time they spent in the detention centre? I would say none unless they take the trouble to sue the Home Minister and the government of Malaysia, which to me, will not help them in any way because of time consuming. But can the authority take action against the Home Minister for abusing his power under the ISA? As far as I know, there is no provision for that. So, the Home Minister and the government can still make wrongful detention order in the future and let the court decides if the order is being challenged. Legally, it may be a right process but to me it is a broad daylight abuse of process of law and power.
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I have posted an article on ISA. Click here http://rozaimims.blogspot.com/2008/09/internal-security-act.html
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http://thestar.com.my/news/story.asp?file=/2008/11/7/nation/20081107094618&sec=nation
.
Based on the news report, the basis for the Judge’s ruling really attracted my attention simply because he said the Home Minister acted beyond his jurisdiction. Come to think about it again, why did the Judge made such reasoning when Section 8 (1) of the ISA clearly gives power to the Minister to detain a person for a period of maximum two (2) years? So, based on the provision of Section 8 (1), Hamid Albar, in issuing the detention order should have been said to have had acted within his jurisdiction. The only thing that I can think of as to what does the Judge meant in his reasoning is the second part of Section 8 (1) which says that the detention order may only be made if the Home Minister is satisfied that the person may be prejudicial to the security of Malaysia or to the maintenance of essential services or to the economic life thereof.
.
I 100% agree with the Judge, not because I admire RPK, but because to me RPK is not a threat to the nation but perhaps he is a threat to certain individual (it goes without saying who the individual is). As such, the Judge is correct in saying that Hamid Albar acted beyond his jurisdiction because he cannot detain a person under the ISA if such person is just a threat to an individual, no matter how powerful that individual is.
.
Now, in doing so, don’t you think that Hamid Albar had abused his power conferred under the ISA? I believe he did. So, in such a situation, what remedy does RPK or any detainees of rthat matter (which was wrongfully detained under the ISA) have for the time they spent in the detention centre? I would say none unless they take the trouble to sue the Home Minister and the government of Malaysia, which to me, will not help them in any way because of time consuming. But can the authority take action against the Home Minister for abusing his power under the ISA? As far as I know, there is no provision for that. So, the Home Minister and the government can still make wrongful detention order in the future and let the court decides if the order is being challenged. Legally, it may be a right process but to me it is a broad daylight abuse of process of law and power.
.
I have posted an article on ISA. Click here http://rozaimims.blogspot.com/2008/09/internal-security-act.html
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