The recent detention of 5 HINDRAF members is extremely disappointing. Just when I thought we could go a whole year with using the ISA, 15 Days before the new year, Dato Seri Abdullah Badawi announced that the ISA would be used against the 5 HINDRAF members.
Under the Internal Security Act 1960 (ISA) any person may be detained by the police for up to 60 days without trial for an act which allegedly prejudices the security of the country or any part thereof. After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus making indefinite detention without trial possible.
There is no doubt in my mind that the use of the ISA is a step in the wrong direction. The ISA is a draconian law and should have no place in a democratic society. Do not get me wrong, I'm am not trying to justify HINDRAF actions and in no way do I support their rather far-fetched claims of ethnic cleansing. But at the very least, they should be tried through the proper channels. It is ironic that the government has slammed HINDRAF for allegedly failing to use the proper channels when the government itself resorts to using such underhanded tactics such as the ISA. Let them have a fair trial. Give them a chance to defend themselves, instead of just bypassing the entire justice system. They may be innocent or they may be guilty but that is not the point. The point is that in a democratic society an accused is always presumed innocent until proven otherwise in a court of law. We can't just go locking people up without giving them a fair trial. Everybody, even an accused rapist deserves the right to defend himself in a court of law. If the government really has solid evidence as it claims then wouldn't it make more sense to prosecute them in a court of law instead of persecuting them without due process. Let the evidence speak for itself. If the government is so convinced, then show the public what wrongs they have committed. Let justice and reason prevail.
I am of the belief that the ISA has outlived its usefulness. In all honestly, it is morally wrong for an act which was passed with the intention of fighting the communist insurgency to be used as a political tool . I am not saying that the ISA need to be repealed entirely but at least replace it with another act more relevant to the times which better serves the pursuit of justice.Sigh, it's rather depressing for a future law student to want to practise law in Malaysia. What's happening to the colour of law in our country?
The writer hopes he does not have to go into hiding after publishing this post :)
P.s Sorry this post was kind of rushed, so the writer would like to apologise for the poor standard of english
