File 2 : The story of the ISA...

ISA. A big issue. The PR MP's said last week that they want to submit a motion to repeal the ISA. When I had my public speaking course last semester, my topic was the ISA. My lecturer, Assoc. Prof. Bhajan told me that I am a rebellion. I do think so.. ;p Even topics for my public speaking during my Pre-Law days were anti-government. Hehe.. But I could not be totally outspoken as I am studying in a very-strong-pro-government university.

Briefly, the ISA had to be repealed because:

1- According to the history of the ISA, the ISA was meant to combat the communists during those days. Are there any communists nowadays? I bet the oppositions and the communists had no similarities at all [except for the fact that both are opposing the government]

2- Malaysia is one of the countries who supported the UN Declaration of Human Rights. Article 11 of the Declaration prohibits any detention without trial. So, the ISA is contradicting with Article 11 of the Declaration.

3- Article 5 of the Federal Constitution clearly stated that every people are equal before the law. Is there equality if some people are detained without having proper trial by the authority?

4- Probability of misuse of power. The Home Minister has the absolute power to sign the detention paper. So, he might use the power to eliminate his political enemies. It is possible! In the case of Mohd Ezam bin Mohd Nor v Minister of Home Affairs, the court held that the plaintiff be released from the detention camp. This is because, the detention made under the ISA was mala fide[bad faith], and he has to be released. The detention was made in bad faith as during the interrogation, he was asked about his involvement in reformasi and no single question had been asked about national threat, the reason alleged for his detention.

So, does the ISA still relevant?