KUALA LUMPUR, SEPT 25- The government is attempting to revive the Internal Security Act (ISA) under the guise of Prevention of Crime (Amendment and Extension) Act 2013 (PCA), which allows a 3-member board to detain a suspect without trial for two years.
“It is the return of ISA,” said an fuming PKR MP N. Surendran at a media conference at the Parliament this morning.
“It allows two years detention without trial and disallows detainees the right to seek for judicial review except on procedural matters.
“It means we are back to preventive detention. This shows how dirty, undemocratic and dictatorial our government is,” he said.
Home Minister Ahmad Zahid Hamidi tabled the first reading of the amendment to the PCA in the Parliament earlier today. The House is scheduled to debate the bill next Monday.
Under the proposed new sections 7B and 7C of the Bill, a 3-member Prevention of Crime Board would be formed, consisting of a senior-ranking judges as the chairman and two other members.
The minimum requirement for the board chairman is that the person must be, or must have held the post of a judge high court or any other higher courts.
They would hold office for two years and is eligible for re-appointment, but for not more than two terms. Their appointment shall be made by the Yang di-Pertuan Agong.
The board is empowered to issue a detention order under Section 19(a) of the Bill on grounds that “a person has committed two or more serious offences, whether or not he is convicted thereof, if the report finds sufficient evidence to support such finding”.
“That the person has previously been placed under a supervision order under Section 15 and has contravened or failed to comply with any order or restriction imposed on him, whether or not he has been convicted under subsection 15(4),” the Bill says.
The board can also put the person under monitoring on similar conditions.
Section 19A of the bill says the detention order lasts for two years, and may renew any such detention order for a further period not exceeding two years at a time.
Section 15A says there shall be no judicial review in any court in respect of any decision made by the board in exercising of its discretion, except in regards to any question on procedural matters.
But unlike the ISA, the powers to issue detention orders is now vested in the hands of the board, not the Home Minister.
However, opposition backbencher Surendran was not impressed by the amendments, saying it is meant to intimidate opposition and the civil society.
“Eventually they will use it to arrest the opposition. Najib lied to the public when he says he is going to take away preventive detention. He is a liar and the worst prime minister of the country,” he said.
Lembah Pantai MP Nurul Izzah Anwar said the police’s track record proved that the crime rate would remain high regardless on the the new amendments.
“The real solution is to increase the number of police personnel attached with the crime investigation department,” she said.
On related matter, Zahid defended the amendments and called it part of the government’s transformation plan.
The Bagan Dato MP, however, refused to elaborate on why the government wanted to reintroduce preventive detention and asked reporters to wait for details which will be presented during the second read on Monday.
Asked on the Bar Council’s comment that the government had not sought their opinion before tabling the amendment, Zahid said, ” A forum will be held on the matter this Saturday and the Bar is invited to attend it.
