Today, there is no more preventive detention law called ISA or the Internal Security Act 1960. The legislation was enacted after Malaysia gained independence from Britain in 1957.
The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances. It is applied for security threat because that is the most effective way to address communist and terrorist insurgency, which had historically operate as subversive movement.
In spirit, ISA was a preemptive measure meant for that. It is targeted to, in the exact words of Dato Ibrahim Ali, those in the likes of himself, Dato Seri Anwar Ibrahim, Lim Kit Siang, Lim Guan Eng, Tian Chua, Hishamuddin Rais, Mat Sabu and Dato Hadi Awang.
It is not for you and me, not even the likes of Tamrin Ghaffar, and that Chinese reporter in Penang.
On 15 September 2011, Prime Minister Dato Najib announced this legislation will be repealed and replaced by two new laws.
The ISA was replaced and repealed by the Security Offences (Special Measures) Act 2012 which has been passed by Parliament and given the royal assent on 18 June 2012. The Act came into force on 31 July 2012.
He also lifted the three proclaimed Emergency Ordinance that are still officially in effect then.
It happened again and again. PM bent backward to the oppositions demands.
It also fulfills the Advisers plan to create Najib as a Political Transformer.
They avoid the use of the term reformer because it would be seen as trying to copycat Anwar Ibrahim. It is the coming of age of a new liberal and open Malaysia.
It came as a surprise to many because before that, Dato Hishamuddin only mentioned about reviewing the ISA and not repealed it.
We were involved in an NGO that submitted suggestions to the government. Basically, our recommendation was that the decision and power to propose detention is done by a committee of securities professionals. No politician must be involved in ISA decisions.
It could uncomfortably mean that committee could detain the Prime Minister and Home Minister.It is fair because no politician is spared.
When Najib announced the repeal, it startled people like us who were involved in the discussion and giving recommendations.
It is now uncovered that some Adviser poke their nose in an area they are not supposed to be involved. The nerd was never a policeman, or served the army or was in any position related to law or security.
We heard and we have reason to believe our source that the "Supremo" Adviser, Dato Omar Ong vehemently and psychotically pursued to talk, convince and nag the PM to repeal ISA and also a new card came out, uplift the EO.
When PM finally made his decision and told his position to Tan Sri Muhyudin and Dato Hishamuddin, both disagreed.
But, Najib insisted. Unfortunately, it is loyal cousin brother getting the brunt of being called pondan. No wonder he was praised by PM in a closed door UMNO meeting as to have commendably done well as Home Minister given the circumstance he is in.
The decision by PM came with mixed feelings.
The election is over so we will be uninhibited in our views. We want to feel free to express ourselves in the spirit that Najib and Omar Ong believed.
It is no more time to engage orang besar-besar and get ourselves stifled to express ourselves because we know them.
The threat of terrorism still prevailed. Political subversion was on the rise then. Many like ourselves anticipated the anarchic like political situation now was going to happen.
Since our youth days, we wanted to see the end of ISA. As an idealistic well read young man then, we believed democrasy, freedom and openness will make Malaysia a greater nation.
We haven't stopped believing such.
|Public is gullible to conspiracy allegations
However, as we achieve political maturity and got our feet on terra firma, we realised it is not possible. The society must be educated or informed or rational. There must be a lot of sensible dialogues on issues in public.
If the public could be gullible to buy into any cooked up story of conspiracy and get agitated, then we are not there yet. How could the public believed Datin Seri Rosmah personally killed Altantunya out of jealousy?
Logically, she could have hired a pro and get disappeared the victim without trace. Altantunya's DNA is splashed all over the place and the murderers confessed and direct the police to the scene of the murder.
Anwar Ibrahim is currently trying to rile up the public with one unproven allegation after another of election fraud against the EC.
From the 40,000 voting Bangla from Sabah to indellible ink, then allegation of counting room Blackout ala old UMNO Team B allegation against Team A in the fight between Dr M/Ghaffar and Tengku Razaleigh/Musa.
One lie after another. The gullible public just consume it, hook, line and sinker.
DAP and PAS have officially abstained from any involvement. As Dato Zulkifli Nordin suggested, the planned Malaysia Spring should be called instead as Anwar Spring. [Read his blog here.]
Dato Ahmad Zahid Hamidi has assumed the position of Home Minister. He wants to see actions taken. No more amaran or warning.
The new Inspector General of Police (IGP), Tan Sri Khalid Abu Bakar is in sync too. The more able communicator and of firmer make-up believed the law must take it's course or there will be order.
When the police wantedto take action, the court considers the personal liberty above public interest. The remand request was denied.
No one can be blamed here. That is how the process of law works when we then screamed it is as unfair to empower the Home Minister such absolute discretion. The favourite argument against such power then was potential abuse for political expediency.
Few years ago, we befriended a former Special Branch officer. He is a practising lawyer now and politician. It seems he ran recently as independent candidate.
He was the officer who detained Ibrahim Ali when he was a student. And the two have met again with no grudges held against each other. All of us are happy together hopefully ever after in an NGO.
All detention including Ops Lallang had it's justification. All have proofs or some level of proofs or accumulated incidents that leads to strengthen suspicion of involvement in subversive movement.
It is not about their politics. There was always something threatening happening, except that it cannot survive the rigour of the court and if allowed, it is dangerous to public order and safety.
The subjects were followed and monitored for many years and usually closely for many months before detention.
It is the police that request upon the Minister and the Minister just chimply sign the detention order. He said even the so-called Mahafiraun also only act upon police request without question. That is why only police them made any public statement.
ISA was then a useful deterrent. It is a useful brake pad then against political, religious and social extremism.
Assume Tan Sri Khalid undertake a more massive and widespread arrest on offenses under SOCMA, he needs to do that court process thing. It does not stop a defiant group of people who is unafraid of one night lock-ups from making hells loose on everybody.
Eventually, they will create and pile up more issues into their movement to attract more supporters. Will the police dare to be more firm when the crowd gets bigger and bigger? There was no police to stop the Dataran PJ illegal gathering.
One thing noticeable was that prior to the repeal of SOCMA, one could see only few Chinese in public demonstrations like Bersih. Since than, beginning Bersih 3, more young Chinese turn up and now the majority 60-70% at Blackout gatherings are Chinese.
What is the government and police to do? The police is still not without options, but it create uncertainty and security fear to the public.
And it was the opposition, particularly the Chinese that highlight the issue of rising crime and insecurity. Yet it is they themselves that is contributing to increase such fear.
There is a process of law but the opposition do not appreciate it. New lawmaker Rafizi threaten that they will hold protest daily and gather people outside Parliament in the next session.
When one is stiffled to act on such actions, how do you defend against subversive actions?
The American still have their Patriot Act. Their role model Singapore and Britain still have the ISA. Explain to the people that.
Or these neo liberals does not care.
As Sadiq Sigaraga turns his eyes towards his Adviser, Kassim Pentalon, they exclaimed in unison, "25% persen!' and laughed.
Punasihat Omar Ong must be laughing yesterday evening at Bangsar Shopping Complex with his fellow neo Liberals Tengku Dato Zafrul, Danny Yusof, etc.
They must have achieved what they want. One can smell the "rolling stone that gather no moss" Zafrul to be next Maybank CEO. Danny Yusof returning to Maybank?
Farid Alias should be a far better choice.