Another DAP Press Statement on Hudud

Kenyataan media oleh Lau Weng San di Petaling Jaya pada hari Sabtu, 27 Disember 2008:

Hukum Hudud – Jika UMNO tidak bersedia, mengapakah pula mencabar orang lain?

Desakan dan cabaran yang dilemparkan ke atas parti-parti komponen Pakatan Rakyat (PR) untuk menerangkan pendirian parti masing terhadap Hukum Hudud oleh parti-parti komponen Barisan Nasional (BN) merupakan sesuatu yang sangat ganjil dan tindakan hipokrit.

PAS dipaksa untuk menyatakan kedudukannya berkenaan dengan perkara ini oleh UMNO di mana kedudukan PAS ini bukan sesuatu yang baru dalam arena politik Malaysia.

Apa yang menghairankan ialah apabila UMNO mencabar PAS untuk menerangkan pendiriannya tentang Hukum Hudud, adakah UMNO sendiri juga ingin melaksanakan Hukum Hudud?

Jika UMNO sendiripun tidak bersedia untuk melaksanakannya, mengapakah UMNO pula mencabar pihak lain untuk melaksanakannya? Adakah ini bermakna UMNO sendiri akan melaksanakan dasar ini dan yakin dapat mendapat sokongan dan kepercayaan daripada parti-parti komponen yang lain di dalam BN?

Apa yang sepatutnya ialah parti-parti komponen BN harus bertanya kepada UMNO adakah Hukum Hudud akan menjadi sebahagian daripada dasar BN sehinggakan UMNO sanggup bertarung dan berlumba-lumba dengan PAS untuk melaksanakan dasar Hukum Hudud?

Oleh itu, cabaran dan desakan yang mereka lemparkan kepada parti-parti komponen PR merupakan satu tindakan hipokrit yang bertujuan untuk memesongkan perhatian rakyat terhadap isu sebenar yang terus meyelubungi tanahair kita seperti kemelesetan ekonomi yang bakal bertukar lebih teruk selepas bulan Februari 2009.

Sesuatu dasar itu tidak akan menjadi dasar PR melainkan mendapat persetujuan sebulat suara daripada kesemua parti komponen PR. Dalam kes ini, DAP berpendirian teguh bahawa Hukum Hudud tidak bersesuaian dengan masyarakat majmuk Malaysia dan oleh itu ianya tidak sesuai dilaksanakan di Malaysia.

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* Setiausaha DAP Selangor, Ketua Pemuda Sosialis DAP (DAPSY) Bahagian Petaling Jaya Utara dan ADUN Kampung Tunku

What say you NAJIB?

I did a cut and paste press statement from YB Ngeh regarding the recent statement by the DPM on the issue of whether the Perak State Government is permitted to convert leasehold titles into freehold titles.

So Najib, what is your say now?

Press Statement by Ngeh Khoo Ham in Perak on Wednesday, 24^th December 2008:

LEGAL OPINION ON THE CONSTITUTIONALITY OF THE PERAK STATE GOVERNMENT TO PERMIT THE CONVERSION OF LEASEHOLD TITLES INTO FREEHOLD TITLES

It is reported in the media on 24-12-2008 that the DPM Datok Seri Najib Bin Tun Razak said that State Governments cannot make decision on land ownership without referring to the National Land Council. According to the press the DPM was commenting on the Perak Government’s proposal to issue title in perpetuity to the New Villages and Kampung Tersusun land.

To examine the legal validity of DPM’s comments it would be necessary to refer to the relevant constitutional provisions that govern the relations between the Federation and the States as encapsulated in Part VI of the Federal Constitution. In this connection Article 74 (1) and (2) of the Federal Constitution read as follows:

74(1)	Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule).
(2)	Without prejudice to any power to make laws conferred on it by any other Articles, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Nineth Schedule) or the Concurrent List.

It is pertinent to note that “land” falls under the Second List of the 9th Schedule to the Federal Constitution. Consequently the jurisdiction over land belongs to the State Government.

As for the National Land Council its establishment is provided under Article 91 of the Federal Constitution. The composition of the NLC is as follows: a minister as chairman; one representative from each of the States and a maximum of 10 representatives of the Federal Government.

The National Land Council appears to have no legislative powers. According to Article 91(5) of the Federal Constitution it shall be the duty of the National Land Council to formulate from time to time in consultation with the Federal Government, the State Governments and the National Finance Council a national policy for the promotion and control of the utilization of land throughout the Federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

To amend and consolidate the laws relating to inter alia land and land tenure Parliament has enacted the National Land Code (Act 56 of 1965) in pursuance of Article 76(4) of the Federal Constitution (hereinafter called “the NLC”). By virtue of LN 474/1965 the National Land Code came into force in each state on 1-1-1966.

On reading Section 76 of the National Land Code and the definition of “alienate” in Section 5 of the NLC (which means “to dispose of State land in perpetuity or for a term of years in consideration of rent and otherwise in accordance with the provisions of Section 76), it is clear that the State Government is empowered under Section 76(aa)(iii) of the NLC and at liberty to implement the aforesaid proposed conversion without the necessity of having to wait for any decision of the National Land Council on the matter as stated by the DPM. The action of the Perak State Government does not contravene any statutory provision. In this connection Section 76(aa)(iii) of the NLC expressly stipulates as follows:

76 “The alienation of State land under this Act shall consist of its disposal by the State Authority:-

(a)	for a term not exceeding ninety-nine years;
	(aa)	in perpetuity –
	(iii)	where the State Authority is satisfied that there are special circumstances which render it appropriate it to do so”

The NLC contains no definition whatsoever on the meaning of “special circumstances”. It would appear from a plain reading of Section 76 (aa)(iii) that Parliament has left to it to the wisdom and discretion of the State Authority to determine the contents of “special circumstances”. It is the satisfaction of the State Authority rather than the National Land Council that is of paramount importance; it is for the State Authority to decide whether the alienation of the State land should in a given situation be in perpetuity or a leasehold. In other words the body that is duly vested with powers to decide whether a leasehold or freehold title should be issued is a State Authority and not the National Land Council.

There is no statutory provision in the Federal Constitution or the NLC which prohibits the above conversion exercise by the Perak State Government. There is no need for the Perak State Government to wait for any decision by the National Land Council on the matter.

In the absence of any legal impediment the Perak State Government can lawfully proceed to implement the proposed conversion of leasehold title into title inperpetuity and ignore the opinion of the DPM which is devoid of any statutory support. The opinion of the DPM that “Perak cannot implement this until decision is made by the Council is at best misconceived; in the words of Shakespeare it is “Much Ado About Nothing”. It is a pity that the BN Government is still obstructive rather than supportive of the said visionary exercise by the Pakatan Rakyat which the BN Government failed to do anything despite 51 years of rule

Kit's Press Statement on the Special Press Statement of Conference of Rulers

Special Press Statement of Conference of Rulers – testimony of Malaysian nation-building facing a crisis of confidence after half-a-century of nationhood

The Conference of Rulers issued a special joint press statement at its 215th meeting in Kuala Terengganu on the social contract as the bedrock of the formation of Malaysia, in particular “on the role of the Yang di-Pertuan Agong and the Malay rulers regarding the special privileges, position, eminence or greatness of the Malay rulers, Islam, Malay as the national language, the special position of the Malays, and genuine interests of the other communities in accordance with the Federal Constitution”.

This is an unprecedented document and is testimony of Malaysian nation-building facing a crisis of confidence after half-a-century of nationhood – in particular after the March 8 “political tsunami” seven months ago.

This was the theme of my 2009 budget speech in Parliament on Tuesday and Wednesday, where I raised many issues in my 2009 budget speech on the tsunami of crisis of confidence afflicting Malaysia - affecting the Prime Minister, the Prime Minister-in-waiting, the Attorney-General, the Inspector-General, the judiciary and on a whole spectrum of issues whether on anti-corruption, human rights or nation-building.

The special press statement of the Conference of Rulers should be seriously studied by all Malaysians, whether political parties, civic organizations or ordinary citizens for the unity, harmony, prosperity and greatness of the Malaysian nation must be regarded as the responsibility and challenge of every Malaysian citizen, regardless of race, religion or territory so that we can enhance our national competitiveness in the borderless era of information technology and globalization.

Press Statement On Raja Petra

Tuesday, 23 September 2008 06:50pm

The Malaysian Bar is deeply disappointed that the Government has seen fit to issue a 2-year detention order under S8 of the ISA against Raja Petra. The issue of the order on the eve of the hearing of his habeas corpus application is troubling, as it undermines the application.

Raja Petra is being detained for writing articles, which have long been in the public domain. Police reports have been lodged against him by various parties. If offences have been committed, he can be charged in Court for them as he has been in the past.

Raja Petra’s continued detention is therefore puzzling. The ISA is being used against an individual where other avenues that afford him a chance to defend himself, exist. It confirms the impression that the ISA is being used for purposes other than national security. It is being used to stifle dissent.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar

SAPP out of BN

Press statement by SAPP President Datuk Yong Teck Lee after the SAPP Supreme Council Meeting at Party HQ, Kota Kinabalu on September 17, 2008 (4:30 pm)

1. The BN has lost its "BN spirit". It was not that the people who did not want the BN, it was the BN who abandoned the people. In spite of repeated appeals from some BN members to other BN leaders to be more sensitive to the peoples' feelings, these leaders continue to treat the people with contempt. Perhaps, after 50 years of uninterrupted government, some BN leaders have got it in their heads that they have a divine right to rule.
   
   
2. On March 8, the people had spoken out loud and clear. The BN paid a heavy price. But yet the BN refuses to learn. The ruthless increase in fuel prices on June 4 and the failure to tackle inflation and economic slowdown have dealt a severe blow to ordinary people. The recent blatant abuse of the ISA against an innocent journalist, an MP and a blogger only confirms that the BN leadership has not learned from their mistakes. The shameful Taiwan trip by 49 BN MPs and the instigation of racial animosities have aggravated the collapse of confidence among the people and leaders, not only on the PM but the BN as well. The PM's budget 2009 was totally uninspiring and has already been discredited even before it was debated in Parliament. The BN has lost its moral authority to rule. Numerical majority in Parliament means little if the people no longer respect you.
   
   
3. Minister Datuk Zaid Ibrahim's resignation only confirms what many lawyers already knew that is that the Prime Minister and his government has never had the intention to reform the judiciary. Datuk Zaid's exposure about "the BN government being paralysed by internal strife and divisions" has also been known to many people in the BN. In many other countries, such paralysis of government will lead to fresh general elections.
   
   
4. The PM himself appeared drifting, not knowing what has been happening around him. SAPP has nothing personal against the PM and family. None of the matters raised by SAPP concerns his person, his family, son, daughter, son-in-law or businesses. SAPP is only concerned about the issues affecting the country such as the need for good governance, the dangers of racial polarization and injustice of economic imbalances to be tackled effectively.
   
   
5. SAPP hereby proudly dissociates ourselves from these shameful wrong doings of the BN government. SAPP further believes that the BN is not capable of practicing good governance and non-racial politics; that BN has no intention in granting autonomy to Sabah, returning 20% of oil royalties and Labuan to Sabah, implement Borneonisation, review unfair federal laws and departments in Sabah, solve the illegal immigrants problems and remove social and economic imbalances. The BN leadership even refused to recognize historical facts by denying September 16 as Malaysia Day, 45 years.
   
   
6. SAPP had only wanted to see that the legitimate rights of Sabah and the unfairness suffered by Malaysians in Sabah be given due attention with results. The BN must realize that, if not for Sabah and Sarawak, BN would be in the opposition today. But instead of sincerely working to solve the issues raised by SAPP, the BN has chosen to embark on a course of action to destroy SAPP. The SAPP Supreme Council hereby condemns the attempts of BN operatives to destroy SAPP through divide and rule tactics and by abusing the economic resources of the BN State and Federal Governments aimed at instigating SAPP members and leaders to destroy SAPP.
   
   
7. As a matter of fact, by deliberately excluding SAPP from four consecutive meetings of the Dewan Tertinggi and two meetings of the Management Committee ever since the announcement of no confidence on the Prime Minister on June 18, the BN has effectively terminated the membership of SAPP. The SAPP Supreme Council hereby declares that SAPP is no longer a member of the Barisan Nasional coalition of parties.
   
   
8. SAPP is now free from the BN. SAPP shall henceforth use this freedom to pursue our autonomous political path to fulfill our mission to establish a trustworthy government and a progressive, just and harmonious society. We are no longer subservient to BN. We now have the master key to our own house. We shall build a brighter future for our people and the younger generations to come.
   
   
9. SAPP members who hold political appointments in the executive branch of Government shall relinquish their posts by giving the due notice under the constitution and relevant rules and regulations, starting at the Cabinet level.
   
   
10. With our experienced MPs, ADUNs and other party colleagues, SAPP shall provide quality opposition in and outside the Parliament and State Legislative Assembly until the time comes when SAPP is ready to be back in government.
    
    
11. I call on our members to be brave. Do not despair. Remember that one of our party culture seven values is Resilience. From the day we join the party, we knew that things can get very rough for us. Yes, together we shall overcome this difficult period because the people are with us. With the strong encouragement and support of the people, SAPP will succeed in our struggle.
    
    
12. In view of the current fasting month of Ramadhan, SAPP shall only embark on a series of political activities two weeks after Hari Raya. We shall plan a road map to victory in future elections. We shall elaborate how we plan to achieve the eight-points declaration, namely:
    
    (i) Good governance and non-racial politics,
    (ii) Autonomy for Sabah,
    (iii) 20% oil royalties,
    (iv) Return of Labuan,
    (v) Review of unfair laws and detrimental departments,
    (vi) Borneonisation of the federal civil service,
    (vii) Solution to the illegal immigrants issue, and
    (viii) Redress economic and social imbalances.
    
    Thank you.

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Things are getting interesting....

Press Statement by Jamaah Islah Malaysia on ISA

Taken from Tony Pua's blog

Free Teresa, Abolish ISA! Sign the petition here!

The following is a statement by Jamaah Islah Malaysia (JIM) which is one of the country's leading Islamic movement.

Pertubuhan Jamaah Islah Malaysia atau JIM, mengasaskan kewujudannya dengan menghayati pengertian al-islah yang membawa maksud pembaikan, pembaharuan serta mewujudkan perdamaian.

They have just released a statement which not only condemned the use of the Internal Security Act as unislamic, but also reaffirmed the position that Teresa Kok was never involved in the so-called "azan" issues in Kota Damansara and Kinrara mosques.

KENYATAAN MEDIA
Pertubuhan Jamaah Islah Malaysia
14 September 2008

JIM KECAM PENAHANAN AHLI POLITIK, WARTAWAN DAN PENULIS BLOG DI BAWAH AKTA KESELAMATAN DALAM NEGERI (ISA)

Pertubuhan Jamaah Islah Malaysia (JIM) mengecam undang-undang tanpa bicara seperti Akta Keselamatan Dalam Negeri (ISA) dan penggunaannya ke atas Ahli Parlimen Seputeh yang juga Ahli Majlis Mesyuarat Kerajaan Negeri Selangor, Teresa Kok, wartawan akhbar Sin Chew Daily Tan Hoon Cheng dan pengendali laman blog Raja Petra Kamaruddin.

JIM ingin menegaskan bahawa prinsip keadilan amatlah penting dalam perundangan. ISA menyalahi prinsip keadilan kerana mereka yang ditahan dinafikan hak untuk “tidak bersalah sehingga disabitkan kesalahannya”, dinafikan hak bela diri, dinafikan khidmat guaman dan boleh ditahan selama-lamanya tanpa dihadapkan ke mahkamah.

Walaupun wartawan Tan Hoon Cheng kemudiannya telah dibebaskan selepas 16 jam ditahan, namun JIM mempersoalkan penahanan tersebut atas kononnya untuk melindungi beliau daripada ancaman ke atas keselamatan beliau. Ini menurut Menteri Dalam Negeri, Syed Hamid Albar dalam sidang akhbar di Ibupejabat Polis Bukit Aman pada 13 September 2008. Bukankah suatu yang amat pelik apabila seseorang ditahan di bawah ISA untuk menyelamatkan beliau daripada ancaman keselamatan sedangkan lazimnya seseorang ditahan kerana beliau dituduh memudaratkan keselamatan negara?

Apakah dengan ini wartawan tersebut perlu berterima kasih kepada Kerajaan atau sepatutnya menyaman Kerajaan kerana merampas hak kebebasan beliau sebagai warganegara dengan alasan yang tidak munasabah langsung?

Perbuatan menuduh tanpa sebarang bukti adalah perbuatan yang haram dari sudut Syariah, kerana ianya sendiri merupakan sebab utama kepada keadaan huru-hara di kalangan masayarakat yang hilangnya kepercayaan antara satu sama lain.

Firman Allah s.w.t. dalam surah Al-Hujurat ayat 6, penyebaran perkhabaran dan maklumat yang tidak sahih lagi meragukan menyebabkan berlakunya pertimbangan yang tidak adil, lantaran mengundang kepada musibah fitnah yang melanda masyarakat.

Riwayat hadith Ibnu Majah dan Abu Dawud menyebutkan bahawa kadi yang menetapkan hukuman kepada seseorang bedasarkan sumber-sumber bukti yang tidak benar akan dicampakkan ke dalam api neraka sewajarnya cukup menjadi pengajaran bagi kerajaan untuk mengutamakan prinsip keadilan Islam yang rasional berbanding dengan sentimen-sentimen perkauman yang rapuh dalam menjaga kemaslahatan masyarakat.

JIM mengesyorkan mana-mana pihak yang terkesan dengan sebaran awam yang dianggap menghina Islam supaya tampil proaktif dalam memberikan penjelasan yang bernas terhadap isu-isu yang dibahaskan. Islam tertegak di atas nas dan dalil Al-Quran dan Sunnah yang jelas. Tuntutan untuk mengemukakan hujah-hujah Islam secara berhikmah dan beradab sudah termaktub di dalam riwayat hadith-hadith yang sahih.

JIM memandang penahanan wartawan Tan Hoon Cheng seolah-olah beliau bertanggungjawab ke atas kontroversi kenyataan perkauman Ahmad Ismail sebagai tidak wajar kerana Ahmad Ismail dan pengikut beliau sendiri yang sengaja memberikan provokasi perkauman tanpa sebarang kawalan emosi di hadapan wartawan-wartawan.

Penahanan Ahli Parlimen Seputeh, Teresa Kok pula merupakan satu ketidakadilan kerana dakwaan bekas Menteri Besar Selangor keatasnya telah dinafikan sekeras-kerasnya. Malah, masjid di Damansara yang dikatakan disuruh perlahankan bunyi azannya telah memberi penjelasan bahawa azan tidak berbunyi dengan kuat kerana alat pembesar suara azannya mengalami kesulitan teknikal, bukannya kerana ditentang penduduk bukan Islam.

Penduduk bukan Islam di kawasan perumahan sekitar sebuah masjid di Puchong pula dilaporkan hanya memohon supaya diperlahankan penggunaan pembesar suara untuk majlis kuliah bacaan ayat al-Quran, bukannya azan itu sendiri.

JIM berpendirian jelas bahawa apa juga alasan yang dinyatakan kerajaan atas episod penahanan terbaru ini samada sebagai “pencetus polemik ketakutan” atau “pencetus kegawatan”, ianya seharusnya boleh ditangani dengan pelbagai akta lain yang sedia ada.

Tindakan menggertak dan menangkap blogger, wartawan, para pengkritik dasar kerajaan khususnya dari kalangan parti pembangkang tanpa hujah yang konkrit hanya akan mengundang kemusykilan rakyat terhadap motif dan keikhlasan kerajaan dalam melaksanakan perubahan pasca Pilihan raya Umum ke-12 terutamanya dalam konteks lanskap politik negara kini. Tindakan ini hanyalah mengesahkan lagi bahwa ISA digunakan untuk tujuan politik parti pemerintah.

JIM amat kesal dengan tindakan parti politik pemerintah yang sanggup memainkan isu sensitif seperti perkauman dan agama demi untuk menutup pelbagai kelemahan kepimpinan sedia ada. Sebaliknya, adalah lebih baik pihak kerajaan berusaha menyelesaikan pelbagai kemelut yang terjadi di dalam negara sekarang ini tanpa menggadaikan suasana keamanan yang sedia ada. Hentikan politik perkauman, fitnah dan tuduh menuduh tanpa bukti lagi tanpa bicara dan kembalilah kepada Syariat Islam.

JIM menggesa Kerajaan untuk membebaskan Teresa Kok, Raja Petra dan tahanan-tahanan ISA yang lain dengan serta merta atau dakwa mereka di mahkamah. Nasib tahanan yang ditahan dalam tempoh yang lama sehingga 7 tahun juga perlu dibela.

Sebagai anggota aktif gabungan Gerakan Mansuhkan ISA (GMI), JIM menyeru rakyat yang prihatin untuk turut tampil membantah ISA dan penahanan berhubungnya melalui program-program yang dianjurkan oleh GMI. Dalam tuntutan keadilan dan kebenaran, tidak ada batasan agama, kaum atau budaya.

Syed Ibrahim Syed Noh
Timbalan Presiden

Press Statement by Muslim Professional Forum - ISA Arrest

Press Statement by Muslim Professionals Forum

Saturday 13/9/2008

MPF PRESS RELEASE - ISA ARRESTS
13th September 2008

The arrests of MP Theresa Kok and journalist Tan Hoon Cheng under the ISA following that of blogger Raja Petra Kamarudin raise grave concern for Malaysians.

An endearing legacy of Abdullah Ahmad Badawi’s leadership that we have come to appreciate is the openness albeit limited, that has come as a breath of fresh air after 2 decades of punitive control of the public sphere.

The arrests of the three individuals under the draconian law at a time when Malaysians have become more mature politically and less inclined to be baited by racial politics will no doubt further erode the legitimacy of and support for the ruling party, perhaps irrevocably.

Of no less import will be the repercussions to Malaysia’s reputation internationally, that time and again the ruling party resorts to an unjust and antiquated piece of legislation to silence dissent in order to sustain her cling to power.

It is clear to all that the arrests of MP Theresa Kok and journalist Tan Hoon Cheng are completely without justification. Tan was merely doing her job as a journalist and UMNO has undertaken the appropriate measures, including an apology from its deputy president. In the “Puchong Azan Issue”, MP Theresa Kok was arrested over what is clearly a false allegation. We urge the authorities to immediately release the two and bring to book those responsible for fomenting racial and religious hatred.

It cannot be completely denied that Raja Petra Kamarudin in his writings and those who contribute to his blog have expressed views that many Muslims consider as denigrating the prophet and the religion of Islam. However we believe this can be countered by sound arguments based on well accepted teachings and sources of Islam. In the extreme, the authorities may take him to the Syariah court. The use of the ISA is excessive, inhumane and runs counter to Islam’s principles of justice.

In this blessed month of Ramadhan, we urge the authorities to act justly in carrying out their responsibility of maintaining the peace and security of the country. We also urge everyone in the public sphere to exercise restraint and wisdom in discussing issues of race and religion.

Board of Directors
Muslim Professionals Forum

Dr. Mazeni Alwi
Dr. Shaikh Johari Bux
Haji Mohamed Ali Ghazali
Dato’ Dr. Musa Mohd. Nordin

Release OR Charged

The police have arrested Blogger, Raja Petra Kamaruddin, journalist from Sin Chew Jit Poh, Ms. Tan Hoon Cheng (who was since released in the Saturday afternoon) and MP for Seputeh cum Selangor Exco Member, YB Teresa Kok on 12.9.2008, Friday under the draconian Internal Security Act (“ISA”).

We were annoyed by this drastic and high-handed action taken by the federal government in arresting the above-said persons with the excuse that they have threatened the national security. We believe all the right-thinking and caring Malaysians also share the same sentiment with us. This is because of the fact that we do not see any conduct of the above-said persons which has threatened the national security. The Minister of Internal Security owes Malaysians a decent, reasonable and detailed explanation as to the reasons of their arrest as the matter has involved public interests and international attention. Should they be suspected of breaking any law, they should be produced and charged in court instead of being detained without trial and jeopardising their right to defend themselves.

We also condemn the action of any party by using ISA and the arrests to raise the sentiment of fear among Malaysians and to further achieve their self-serving political conspiracy at this crucial hour, when Malaysians are hunger for a change in the country. Such abuse of power should be rejected by Malaysians totally.

We further opine that the ruling party is trying to be directors and actors on their own in the recent political events in their effort in maintaining powers. We request them to be receptive of people’s view and to have a genuine heart for a better future of Malaysia.

The arrests of Raja Petra, Ms. Tan and YB Kok do not just present no benefit to Malaysians generally, they also lower the confidence of foreigners on Malaysia and further affect foreign investments in Malaysia.

Therefore, we urge the federal government to release Raja Petra, Ms. Tan and YB Kok immediately or produce them and charge them in court of law.

We also plead to Malaysians to remain calm and united at this testing time.

警方在九月十二日, 星期五在恶名招彰的内安法令之下逮捕了部落客拉惹柏特拉, 星洲日报女记者, 陈云清及士布爹国会议员兼雪州行政议员, 郭素沁.

我们对中央政府认为他们威胁国家安全而逮捕他们的理由感到难以理解.我们相信所有正确思想的马来西亚人也和我们有同样的想法.这是因为我们不认为他们的任何举动有威胁国家安全之嫌.因此,内安部长歉人民一个满意的,合理的及详细的解释因为这事件牵涉了公众利益和国际上的注视.若他们有触犯任何法律之嫌,他们应该被带上法庭面控,以让他们能有自辩的权利.这是不可被疱夺的.

我们也评击任何想利用内安法令和逮捕来制造恐慌从而达至某方自私的政治目的的手法.特别是在这人人渴求改变的关键时刻.这样的滥权行为应被大马人拒绝.

我们也认为执政集团企图在最近的政治发展中自导自演,来保住权利.我们恳请个方接收人民求变的心愿,以诚心来让国家有更美好的前途.

对拉惹柏特拉, 陈云清及郭素沁的逮捕行动不止没给人民任何好处,还降低了外国人士对我国的信心,进而影响了外资的进入.

应此,我们呼吁中央政府即刻释放对拉惹柏特拉, 陈云清及郭素沁或把他们提控上庭.

我们也恳求全体马来西亚人在这关键时刻保持冷静及团结一致.

This Is What I WANT To Hear

Kenyataan Akhbar
MAJLIS PIMPINAN PAKATAN RAKYAT

8 September 2008

Pakatan Rakyat Menjunjung Prinsip Perlembagaan Persekutuan

Majlis Pimpinan Pakatan Rakyat yang bersidang pada hari ini 8 September 2008 dengan ini menegaskan penolakan kami terhadap usaha-usaha menyemarakkan politik perkauman yang sedang dilakukan oleh UMNO akhir-akhir ini. Kami amat bimbang isu ini sekarang digunakan untuk mengelabui pandangan rakyat yang sebenarnya merupakan usaha terdesak untuk menyelamatkan kepentingan segelintir golongan elit politik dan kroni mereka.

Kami sekali lagi mengulangi pendirian menjunjung prinsip-prinsip dasar yang termaktub di bawah Perlembagaan Persekutuan. Ini termasuk soal-soal dasar seperti kedudukan Islam sebagai Agama Persekutuan dan menjamin kebebasan mengamalkan agama-agama lain, kedaulatan Bahasa Melayu sebagai Bahasa Kebangsaan dan mempertahankan hak bahasa ibunda, kedudukan dan kedaulatan Institusi Raja-Raja Melayu serta kedudukan hak-hak istimewa orang Melayu dan Bumiputera serta hak-hak semua kaum yang telah dijamin oleh Perlembagaan.

Berdasarkan prinsip-prinsip Perlembagaan ini kami menolak sekeras-kerasnya pendekatan politik perkauman sempit yang menjadi dasar UMNO-BN. Pendekatan inilah yang sengaja digunakan untuk memecahbelahkan perpaduan dan keharmonian masyarakat majmuk negara ini.

Sehubungan ini kami membantah ucapan yang dibuat oleh Dato Ahmad Ismail yang disokong oleh semua pemimpin UMNO Pulau Pinang. Isi ucapan itu mencerminkan dasar perkauman UMNO yang sebenarnya bertujuan hanya untuk mempertahankan kepentingan segelintir golongan orang kaya Melayu serta suku sakat mereka yang menggunakan kuasa politik untuk mengambil kesempatan mengaut kekayaan negara dengan berselindung di sebalik membela kepentingan Bumiputera dan orang Melayu.

YB Dato’ Seri Anwar Ibrahim
Ketua Umum
PKR

YB Dato’ Husam Musa
Naib Presiden
PAS

YB Lim Kit Siang
Ketua Ahli Parlimen
DAP

Press Conference by President of Malaysian Bar on Saiful's Medical Report

Very troubling reports have been published, which reveal the existence of a medical report of an examination done by a doctor on Mohd Saiful Bukhari bin Azlan a few hours before Saiful lodged a police report that he had been sodomised. The medical report apparently shows that there is no evidence that he had been sodomised by anyone.

Such reports raise some very serious questions that require immediate answers:

(1) Are the police in possession of such a medical report?

(2) Was the doctor concerned interviewed by the police and was he detained for any length of time?

(3) Is the doctor concerned facing any form of intimidation and if so, by whom?

(4) Is there a medical report by another doctor that either confirms or contradicts the first medical report?

(5) If it is true that the medical report exists showing a lack of prima facie evidence, what then could have been the justification for the vigorous actions taken against Datuk Seri Anwar Ibrahim as well as the public call by the authorities for his DNA sample?

The answers to these questions are of paramount importance, as they bring into focus the integrity of our law enforcement system.

These latest disclosures regarding the investigations into the sodomy allegations are not the only ones to raise questions that need answering. There is, for example, also the issue of P. Balasubramaniam’s abrupt “disappearance” that has yet to be satisfactorily explained. No one can deny that the circumstances of his first and second statutory declarations are highly unusual. All these show a pattern of events that cause much disquiet to right-thinking members of the public.

The Malaysian people are deeply troubled. A country that truly believes in the rule of law should not be faced with so many disturbing developments and unanswered questions.

The credibility of the Malaysian justice system as a whole is therefore at stake. The integrity of professionals, be they doctors or lawyers, must never be interfered with. The public must be left in no doubt that the criminal justice system in this country will not be misused or abused. There must be nothing less than an open and thorough investigation into these cases. This calls for the courage and professionalism of all those involved to do the right thing no matter the consequences. And those who have shown such courage and integrity must know that they live in a country where it is safe to do so.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar

DSAI's Press Statement

The below is DSAI press statement after his release:

On Saturday (July 12), police came to my house to serve a Section 111 Criminal Procedure Code notice, harassing my family and demanding my presence at the IPK Kuala Lumpur at 2pm, Monday (July 14).

On the next day, Sunday (July 13), police also served an ex-parte court order, prohibiting me from physically being within 5km from Parliament on Monday (July 14).

My house and the IPK KL are within 5km radius from the Parliament building. The court order effectively put me under house arrest on Monday and at the same time prevented me from going to the IPK.

On Monday, the presence of police officers outside the compound of my house strengthened our suspicions that they would be prepared to arrest me as soon as I left the compound of my residence, on the pretext of me violating the court order.

The issue here is which order should I comply with, the ex-parte court order or the Section 111 notice from the police.

On the same day, police through I.O. DSP Jude Pereira, wrote and faxed me at about 1.06pm, informing that I was to be present at the IPK KL on Wednesday (July 16) at 2pm.

I conveyed my agreement and it was communicated to the police through my solicitor Messrs S.N.Nair & Partners via telephone and letter on the same day.

On Wednesday, I was at the ACA head office to record my statement pursuant to the police report lodged by me at IPK Shah Alam on July 1.

We cut short our statement at the ACA’s office to ensure we will be able to attend our appointment with the police at 2pm.

At 12.45pm, DSP Jude called Nair to confirm our attendance and Nair confirmed that we will be there.

We were about to have a quick lunch at my house before proceeding to the IPK . Five minutes later, we were ambushed by a team of masked and heavily armed policemen near my house.

I was arrested and brought to the IPK. I cooperated fully with the police by giving my cautioned statement from 2.30pm to 7.30pm. At this particular point, the IO and the other officers handling the case were doing their job professionally.

I was then given assurance by ACP Ramli and later SAC II Khor (through my lawyers) that I would be released on police bail on the same day.

However, upon my return from HKL, DSP Jude informed me and my lawyers that I will be detained and put in the lock-up overnight for the purpose of recording a further statement in the morning.

I and my lawyers protested, but the police were adamant despite them knowing about my physical condition.

This morning (Thursday), a short statement was recorded for 30 minutes and I was released on police bail.

I now wish to deal with the statement of CID director Datuk Mohd Bakri Zinin as appeared in Utusan Malaysia.

(Bakri was quoted as saying the police had to intercept Anwar and arrest him in Bukit Segambut because he changed the direction of his vehicle in the last minutes before the 2pm deadline)

This is a blatant lie from the CID director.

I have given assurances and had just informed the I.O 5 minutes before the disgraceful ambush by the police through my lawyer who was with me in the same car.

In addition, the Deputy Home minister (Datuk) Wan Farid said, as reported in STAR online that I ’went voluntarily to the police car without any incident.’ This again, is a blatant lie by the Government.

I take to task the IGP for this abuse of power against me though the events I’ve narrated above.

It appears that the nature of my unwarranted arrest, my overnight incarceration, were an act of personal vengeance against me in retaliation yo the reports I lodged earlier against him, which are now being investigated by ACA.

Bar Council on Security Threats

Press Statement from Dato' Ambiga Sreenevasan, Chairman Bar Council and President of the Malaysian Bar which regards to the recent statement by the IGP Tan Sri Musa Hassan on the deployment of the armed forces to maintain order.

The Bar Council shares the concerns expressed by civil society and SUHAKAM in relation to the Inspector-General of Police’s reported suggestion that the authorities may resort to deploying armed forces to maintain public order, particularly in relation to assemblies.

The Bar Council notes that there has never been any necessity to take such measures in the past. On two recent occasions, in fact, assemblies were conducted peaceably and without incident.

Resort to the use of armed forces to control such assemblies is unwarranted and heavy-handed, and we call for this move to be abandoned. The threat of such deployment is intimidating to members of the public who have shown the desired maturity and responsibility in the conduct of such assemblies.

The public had in fact understood that this Government was moving towards loosening the grip on assemblies. The threat of the use of the army is wholly inconsistent with this and any process of democratisation that we are aiming for. Recent events in the course of the week have also created much disquiet. We call on the Prime Minister to address this disquiet.

We need to know that we live in a Malaysia that upholds fundamental freedoms and respects the Rule of Law. We need to know that our enforcement agencies are there to protect the public and not to instill fear in them, and that their officers will have the courage to carry out their duties without fear or favour. We need to know that all the organs in the administration of justice are functioning fully and flawlessly.

We need to know that the freedoms that we believe existed do not become a fiction.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar

4 July 2008

Sodomy Again?

The 10 years cycle and it happened to Datuk Seri Anwar Ibrahim. A police report was lodge by an aide of DSAI. The below is reported by Malaysiakini.

"A police report has been lodged against PKR de facto leader Anwar Ibrahim for allegedly sodomosing one of his aides - the second time that such an accusation had been made in over 10 years.

The report was lodged by the 23-year-old victim at the Jalan Travers police station at 6pm.

KL police chief DCP Muhammad Sabtu Osman has confirmed that the report had been made.

It is learnt that Anwar met with a number of party leaders at an emergency meeting late tonight.

At 11.15pm, PKR sent out an SMS message stating that the police had detained Anwar’s special aide Saiful Bahari this afternoon and forced him to lodge a police report about being sodomised by his boss.

It added that the police are expected to arrest Anwar soon."

Below is the press statement by DSAI stating that the report lodged was a complete fabrication which I now reproduced here.

June 29, 2008, SHAH ALAM, MALAYSIA

The police report lodged against me earlier today is a complete fabrication. I believe we are witnessing a repeat of the methods used against me in 1998 when false allegations were made under duress. This is clearly a desperate attempt by the Barisan Nasional regime to arrest the movement of the Malaysian people towards freedom, democracy and justice.

The report has been organized by interested parties to attack me in retaliation for evidence I have recently obtained implicating IGP Musa Hassan and the AG Gani Patail in misconduct including fabrication of evidence in the cases launched against me in 1998-1999. This vile attack will not prevent me from releasing this dossier to the public.

I urge the Malaysian people to stand against the repressive forces that will be unleashed by the government in the coming days and weeks. We expect the media, the judiciary and the police force to all come under the direct and unchecked control of the executive.

My fellow Malaysians - we took a bold step forward on March 8th towards a new dawn for freedom and justice for all of our citizens. This people’s movement for change must go on with all of our strength and conviction.

ANWAR IBRAHIM

Guan Eng's PC on Pedra Branca

I enclosed below the press statement by Sec-Gen of DAP, YAB Tuan Lim Guan Eng regarding the decision of the International Court of Justice over Pulau Batu Puteh. As he rightly put in, we are now forced to swallow our pride and call the island Pedra Branca. That name is definitely not a Malaysian name.

I hope we will not lose any more territory.

Press Statement by Lim Guan Eng in Petaling Jaya on Friday, 23^rd May 2008:

Malaysia's loss of sovereignty over Pulau Batu Putih - no more loss of territory through bad planning

It was a sad and painful day for Malaysia when the International Court of Justice in the Hague on May 23rd ruled that Singapore has sovereignty over Pulau Batu Puteh, the strategic tiny lighthouse island near the Malaysian shore.From now onwards Malaysians will be forced to swallow their pride and call the island Pedra Branca.

The ICJ in its ruling:

* finds by twelve votes to four that sovereignty over Pulau Batu Puteh belongs to the Republic of Singapore;

* finds by fifteen votes to one that sovereignty over Middle Rocks belongs to Malaysia;

* finds by fifteen votes to one that sovereignty over South Ledge belongs to the State in the territorial waters of which it is located.

I am sad to acknowledge the fact that we have lost our case and I wish that the government would have been more prepared and serious in presenting its case in this 28-year-long territorial dispute.Despite the galling taste of loss, Malaysia is compelled to abide by the ICJ ruling in good spirits. Any refusal would be contrary to our pledge and honour to be bound by ICJ's decisions. Attorney-General should explain why we lost and if we had such a poor case, why pursue the matter with the ICJ?

DAP cannot understand how the Foreign Minister Datuk Rais Yatim can describe the ruling as a win-win situation when we won nothing but lost once and for all Pedra Branca. Datuk Rais and the government should not try to spin this defeat as a victory but acknowledge the sense of loss and disappointment felt by all Malaysians at the failure of the Federal government to defend our sovereignty.

However Malaysians have no choice but to accept the new international reality of losing control over Pedra Branca and continue to work with Singapore in areas of common interests and mutual benefits

Kit's Press Statement on PM's remarked on Karpal

Abdullah setting bad and dangerous precedent in publicly pressurizing Attorney-General to charge Karpal for sedition and turn a legal issue into a political and racial one

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi is setting a bad and dangerous precedent in publicly pressurizing the Attorney-General, Tan Sri Gani Patail to charge DAP National Chairman and MP for Bukit Gelugor, Karpal Singh for sedition and turn a legal issue into a political and racial one.

This is the first time in 50 years that a Prime Minister had so flagrantly and blatantly put public pressure on the Attorney-General to prosecute an Opposition leader, making a total mockery of the absolute discretion of the Attorney-General as entrenched in Article 145(3) of the Constitution “to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah Court, a native court or a court-martial”.

On Thursday, Abdullah said he had instructed UMNO secretary-general Datuk Seri Tengku Adnan Tengku Mansor to lodge a police report against Karpal for making allegedly seditious remarks about the Sultan of Perak when Karpal had reiterated publicly that he had not questioned Sultan Azlan Shah’s prerogatives as the state’s head of religion of Islam.

Yesterday, the Prime Minister has upped the ante by publicly demanding that the Attorney-General to speed up the probe against Karpal.

Abdullah has never shown interest or concern as Prime Minister about high-profile cases, whether police reports previously made against Cabinet Ministers or recently against UMNO for the series of seditious conducts against the Malay Rulers after the March 8 general election over the appointment of the Terengganu Mentri Besar.

Abdullah should have used his high office to end the controversy which arose from the distortion of Karpal’s raising of a legal principle established by the case of Federal Territory Education Director and others vs Loot Ting Yee about the transfer of federal and state civil servants into a challenge of the prerogative of Sultan Azlan Shah over matters pertaining to Islam and Malay custom.

The country is trying to come out of the “judicial darkness” which it had been plunged into for two decades as a result of the series of crises of confidence and credibility in the independence, impartiality and integrity of the system of justice – not just about the judiciary but also other important players especially the Attorney-General.

The Prime Minister’s public and persistent demand for action to be taken against Karpal by the Attorney-General does not create confidence that the present administration is fully committed to end the two-decade-long “judicial darkness” in the country by allowing all the major stakeholders in the system of justice their full and unfettered independence and impartiality - whether judges or the Attorney-General.

Press Statement from KIT

Media Conference Statement by Parliamentary Opposition Leader and DAP MP for Ipoh Timur at the start of a two-day whistle-stop campaign in Perak to launch the second DAP general election theme on “Say no to corruption and rising prices” at the Pokok Assam market, Taiping on Saturday, 2nd February 2008 at 9 am:

“Don’t give BN 75 seats in Parliament” should be the common objective of all opposition parties, civil society and Malaysians who want to see the beginning of a new democracy with an effective check-and-balance

The next general election is shaping up to be the most important of all 12 general elections in the nation’s 50-year history.

Even former Prime Minister, Tun Dr. Mahathir Mohamad has warned that a thumping victory for the Barisan Nasional and Umno in the next general election would end up as an endorsement for a coalition “centred on nepotism and corruption”.

Mahathir has said that even if Umno loses 20 or 30 of their candidates, the Barisan Nasional is going to win.

I agree with the former Prime Minister. The issue in the next general election is not whether the Barisan Nasional and Umno will be returned to power but whether the unbroken two-thirds parliamentary majority of the Barisan Nasional could be ended to provide for an effective and meaningful check-and-balance in the system of parliamentary democracy in Malaysia.

For this reason, “Don’t give BN 75 seats in Parliament” should be the common objective of all opposition parties, civil society and Malaysians who want to see the beginning of a new democracy with an effective check-and-balance for the first time in Malaysia’s system of parliamentary democracy.

The Barisan Nasional must be denied at least 75 parliamentary seats if it is to be deprived of its two-thirds majority in a Parliament of 222 seats in the next general election.

This is why DAP should focus on winning 30-40 parliamentary seats, while Parti Keadilan Rakyat and PAS on another batch of 40-50 parliamentary seats.

If there is a 85% success rate in these 90 parliamentary constituencies targeted by the Opposition, then the 2008 general election will return a historic result where the Barisan Nasional will be deprived of its two-thirds parliamentary majority although it is still comfortably in power with a strong simple majority.

The deprivation of its parliamentary two-thirds majority for the first time in Malaysian history would have historic significance in Malaysian politics and nation-building for it would compel the Barisan Nasional government to end its high-handed, arrogant and undemocratic rule and, for the first time in its history, to act with greater responsibility, justice, fair play, accountability, transparency and integrity.

The denial of two-thirds majority should also be the objective of all opposition parties, NGOs and the civil society in the two DAP front-line states of Perak and Penang.

In Penang, the Barisan Nasional must be defeated in at least 14 seats if it is to be denied two-thirds majority in the Penang State Assembly of 40 State Assembly seats. DAP may be able to win from eight to ten State Assembly seats. If Parti Keadilan Rakyat can win from four to six seats, then the denial of the Barisan Nasional two-thirds majority in the Penang State Assembly is within sight.

Similarly for Perak, the Barisan Nasional must be defeated in at least 20 seats if it is to be denied two-thirds majority in the Perak State Assembly of 59 State Assebmly seats. With DAP focusing on winning 15 state assembly seats in Perak, this denial of two-thirds majority could only be achieved if Parti Keadilan Rakyat, together with PAS, can secure five to seven seats.

These will be among the great issues to be determined in the next general election expected to be held within 45 days - whether Barisan Nasional and Umno can be denied two-thirds majority in Parliament and the Penang and Perak state assemblies to allow the people’s rights and genuine democracy the chance to flower and mature.

Nurin Again?

Damn it! Another Nurin type...

Another girl goes missing in Taman Medan area

BY ANDREW SAGAYAM

PETALING JAYA: Another girl has gone missing. This time the victim is five-year-old Sharlinie Mohd Nashar who disappeared while playing about 200m from her house in Taman Dato Harun on Wednesday.

Missing: Mohd Nashar holding Sharlinie’s picture as Suraya and Sharliena look on at their home in Taman Dato Harun, Petaling Jaya, on Wednesday.

Police are not ruling out the possibility that the “Kampung Baru molester” – the man responsible for the cruel killing of Nurin Jazlin Jazimin – could have abducted Sharlinie, the second to be reported missing in the Taman Medan area in two days.

On Monday, a six-year-old girl was abducted by a man on a motorcycle when she was playing alone near her flats in Kampung Sepakat, Taman Medan, about 2km from where Sharlinie went missing.

The girl was found three hours later in Wangsa Maju in Setapak.

Photofit of molester: Police do not rule out that the Kampung Baru molester is involved in the case.

In the 11am incident Wednesday, Sharlinie had followed her sister Sharliena, eight, to a playground about 200m from their double-storey link house in PJS 2.

Half an hour later, Sharliena decided to return home but Sharlinie did not respond when she called out to her.

Sharliena rushed home to inform her mother, Suraya Ahmad, 28, who went to the playground to search for Sharlinie.

About two hours later, Suraya lodged a police report at the district police headquarters.

Petaling Jaya OCPD Asst Comm Arjunaidi Mohamed said Sharlinie was last seen wearing a light blue dress with white stripes and pink slippers.

“Anyone who has seen this child at the playground or its vicinity must contact us immediately. She is just over 1m tall, about 20kg in weight, has short hair and a tanned complexion.

“We have formed a task force to find Sharlinie and our focus is to locate her. The incident is similar to the case of the six-year-old girl who went missing on Monday,” he said.

Sharlinie's father, Mohd Nashar Mat Hussain, 29, said he hoped his daughter would be found as soon as possible.

“I appeal to the public to help find her before anything untoward happens to her. I am sure someone would have noticed the two kids playing there,” he said.

Chua resigns after sex scandal

Taken from the Star....

KUALA LUMPUR: Datuk Seri Dr Chua Soi Lek has tendered his resignation as Health Minister, MCA vice-president, Johor MCA chief and Labis MP.

He announced this at a press conference Wednesday here.

The announcement came a day after he held a press conference in Labis, Johor, where he admitted to being the man in the sex DVDs circulating in Johor.

The two DVDs which had been available in Muar and other towns in Johor show Dr Chua having sex with a woman whom he described as a “personal friend” at Tuesday’s press conference.

“I have seen Prime Minister Datuk Seri Abdullah Ahmad Badawi, Deputy Prime Minister Datuk Seri Najib Tun Razak and MCA president Datuk Seri Ong Ka Ting and I have personally apologised to them,” said Dr Chua on Tuesday, reading from a one-page statement.

On Tuesday Dr Chua had said he would not be resigning from his posts.

“I leave it to party members, leaders and the Malaysian public to be the judge. It's not for me to speculate.”

The 60-year-old doctor sold his medical practice in 1990 to go into politics.

He is married to Datin Seri Wong Sek Hin. The couple has three children.

Breaking News

©The Star Online (Used by permission) KUALA LUMPUR: Health Minister Datuk Seri Dr Chua Soi Lek admitted he is the politician in the sex DVD circulating in Johor. In a press conference here Tuesday, Dr Chua said the girl is his “personal friend”. He apologised to the Malaysian public, supporters and his colleagues. He said he did not make the tape himself. Dr Chua said he will not resign over the sex DVD. He will leave that up to Prime Minister Datuk Seri Abdullah Ahmad Badawi to decide. The sex DVD had been circulating in Muar, Tangkak and Batu Pahat over the past few days. The existence of the DVD was first reported in the Chinese dailies on Sunday while a Bahasa Malaysia daily reported about it Monday.

Way to go Karpal

... may the force be with you, Karpal. Lead the rebellion to show our disgust to the Empire. May you have the strength to take on Darth Lah and policetroopers...

NO TO ISA

----
Writ of habeas corpus filed for Manoharan

IPOH: A writ of habeas corpus for the release of lawyer M. Manoharan from detention under the Internal Security Act (ISA) has been filed.

DAP national chairman Karpal Singh, who is acting as lawyer for the detainee, said the application was filed at 4.30pm at the High Court here Friday.

The High Court here fixed next Wednesday to mention the case, in which the Internal Security Minister and head of the Kamunting detention camp have been named as respondents.

Karpal Singh said the two-year detention order issued by the Internal Security Ministry was unconstitutional and invalid.

He said the detention order was not done in accordance with Section 73 of the ISA, which requires police investigations and recommendations to be given to the Internal Security Minister within a period of 60 days before a detention order is issued.

During the 60-day period, he said, a detainee would be allowed to put up his defence before the Minister made a decision on the detention order.

Manoharan, who was detained at 2pm on Thursday in Kuala Lumpur, is already put under a two-year detention order, which was handed to his wife V.N.S Pushpaneela when she visited Manoharan at the Kamunting detention camp in Taiping Friday morning.

“For the first time in the legal history of the ISA in Malaysia, a two-year detention order has been issued against a detainee without the initial 60-day period,” said Karpal Singh.

“The order made by the Minister is defective,” he added.

Manoharan and V. Ganabatirau, who are DAP members, are among five who were detained under the ISA on Thursday.

The other three are lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar.

Earlier at 10.30am yesterday outside the gates of the Kamunting detention camp in Taiping, Karpal Singh was denied entry to visit the detainees as their lawyer.