Wednesday, 17-Oct-2001 4:36 PM

ISA does not give police wide and unlimited powers

The Kuala Lumpur Federal Court, which sat to hear the Petition of Appeal from five of the ten National Justice Party leaders and Reformasi activists arrested under the Internal Security Act (ISA) in April 2001, was told that the ISA is not a law that gives the police wide and unlimited powers of arrest.

According to Christopher Leong, one of the counsels acting for the detainees, the ISA was enacted through Article 149 of the Federal Constitution. Article 149 in itself transgresses the Federal Constitution and denies the fundamental rights of Malaysians as guaranteed under the Constitution.

Article 150 allows the King to declare an emergency argued Christopher. Article 149, though, only allows Parliament to enact laws to safeguard the security of the nation and the ISA was one such law enacted by Parliament through this article.

But because the ISA as well as Article 149 transgresses the people’s fundamental rights, it was written with very specific and restrictive provisions. For example, the police may invoke the ISA only if a substantial body of persons has acted prejudicial to the security of the nation. In this case, however, the ISA is being used in the absence of this "substantial body of persons" and as a prevention of crime rather than because of an act already done as stipulated under the provisions of the ISA.

Christopher pointed out that the use of the ISA in the manner it is being used is unconstitutional. When the ISA was first tabled it was very specifically stated for what purpose it is being enacted - which was to combat the Communists - and when it could be invoked - which would be when an act has already been committed. As it is now, no act needs to be committed yet for one to get arrested under the ISA and it need not be against a substantial body of persons.