Raja Petra
Raja Petra, 58, who was arrested under Section 73(1) of the ISA, is alleged to have posted articles deemed seditious and that also belittle Islam.
Last week, the Department of Islamic Development (Jakim) and several Muslim organisations lodged a police report against him for allegedly insulting Malays, Muslims and Islam.
On Sept 6, under The Corridors of Power article posted on Malaysia Today, Raja Petra had hinted that it might be his last article until Sept 16, if he were to be detained under the ISA. He is banking on Anwar’s Sept 16 promise for an early release from ISA.
“Yes, I too have placed not only my money, but also my freedom on Anwar. And if Anwar fails to deliver his promise on Sept 16, not only he but I as well am headed for a fall,” he said in his posting.
Tan
Sin Chew Daily reporter Tan Hoon Cheng is believed to have been arrested over her report on former Bukit Bendera Umno division chief Datuk Ahmad Ismail’s racist remarks while campaigning for the Permatang Pauh by-election last month.
YB Kok
DAP’s Seputeh MP Teresa Kok is also assemblyman for Kinrara and a senior executive councillor in charge of investment, industry and trade. 
Kok, 43, is believed to have been picked up in connection with a residents petition in Puchong over a mosque.
Former mentri besar Datuk Seri Dr Mohd Khir Toyo had allegedly accused Kok of being involved.
She subsequently denied the allegation and demanded an apology from Dr Mohd Khir and the newspaper which reported it.
But Why ISA?? Why Not Sedition act?
REFERRING TO THE CASES ABOVE, THEY DESERVE A TRANSPARENT TRIAL. AND IT SHOULD BE DONE AT ONCE!!!
Relevant sections of the legislation are as follows:
Section 73(1) Internal Security Act 1960: "Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."
Section 8 ISA: Power to order detention or restriction of persons. "(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years."
A detenu can make representations against his/her detention if an order of detention has been made against the detenu by the Minister under Section 8(1) of the ISA but under Section 73 however, the detenu seems to have no such right. Generally, the attitude of the Malaysian courts in respect of detention under Section 73 is that the courts have jurisdiction only in regard to any question on compliance with the procedural requirements of the ISA and they seldom grant any substantive rights to the detenu. ( source : Wikipedia)
SEDITION ACTSection 4 of the Sedition Act specifies that anyone who "does or attempts to do, or makes any preparation to do, or conspires with any person to do" an act with seditious tendency, such as uttering seditious words, or printing, publishing or importing seditious literature, is guilty of sedition. It is also a crime to possess a seditious publication without a "lawful excuse". The act defines sedition itself as anything which "when applied or used in respect of any act, speech, words, publication or other thing qualifies the act, speech, words, publication or other thing as having a seditious tendency".
Under section 3(1), those acts defined as having a seditious tendency are acts with a tendency:
“ (a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government; (b) to excite the subjects of the Ruler or the inhabitants of any territory governed by any government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part III of the Federal constitution or Article 152, 153 or 181 of the Federal Constitution.
” Section 3(2) provides certain exceptions, providing examples of speech which cannot be deemed seditious. It is not seditious to "show that any Ruler has been misled or mistaken in any of his measures", nor is it seditious "to point out errors or defects in the Government or Constitution as by law established". It is also not seditious "to attempt to procure by lawful means the alteration of any matter in the territory of such Government as by law established" or "to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of the Federation". However, the act explicitly states that any matter covered by subsection (1)(f), namely those matters pertaining to the Malaysian social contract, cannot have these exceptions applied to it.
Section 3(3) goes on to state that "the intention of the person charged at the time he did or attempted (a seditious act) ... shall be deemed to be irrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency". This latter provision has been criticised for overruling mens rea, a legal principle stating that a person cannot be guilty of a crime if he did not have the intent to commit a crime.[1]
A person found guilty of sedition may be sentenced to three years in jail, a RM5,000 fine, or both.
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PRESS STATEMENT FROM MIC PRESIDENT
KUALA LUMPUR: MIC president Datuk Seri S. Samy Vellu on Saturday appealed to the Government to release Sin Chew Daily News reporter Tan Hoon Cheng who was arrested under the Internal Security Act (ISA) on Friday.
In a statement Saturday, he said he would ask Home Minister Datuk Seri Syed Hamid Albar to immediately release Tan.
He said by doing so certain elements will not blame the Government for curtailing press freedom.
Samy Vellu added that Tan is a young reporter and only reported what was said. Therefore he appealed to Prime Minister Datuk Seri Abdullah Ahmad Badawi to release her.
RELATED POST :
ISA = A WEAK GOVERNMENT??? ( PART 1)
ISA : WE NEED or/and DON'T NEED........
3 comments:
The ISA detentions only go to show how dangerous it will be to have a low mentality politician to hold the power of a minister. He claimed to have the support of the majority. What type of majority when only 3 out of 10 persons supported you! Furthermore, this low mentality is very capable of acting like a warlord, brandishing the power given by the people to him to threatened the citizens of this country at his own irrational whims, just to serve his own purpose. A politician making racist remarks and no action by the law is taken against him while a journalist reporting the statement is being arrested! A politician making a false racist claim against another is not acted on by the law while the wrongly accused with proof of false claimed being arrested! How low the level of mentality the minister is prepared to go? Please bear in mind you are also just an ordinary citizen before you are given the power by your party and the people through the election. Please go and ask those who have elected you whether all of them agree to such draconian action taken by you towards your fellow malaysian without proper reason!
The Courage to Build a New Malaysia.
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The year is 2008. This is the year most Malaysians finally woke up from a deep slumber. Most Malaysians were just too busy earning their living and building up their lives to take notice that times have changed and the idealism spouted by our founding Fathers have still not been accomplished for this country even today.
It was not so long ago in 1957 and then for our fellow East Malaysians in 1963 when the ideals and dreams preached by the late Tunku Abdul Rahman Putra Al-Haj (Bapa Kemerdekaan and Bapa Malaysia) for Malaysia were first announced and was greeted with joy in the hearts and minds of all Malaysians. The late Tunku Abdul Rahman had a dream and ideals, just like Martin Luther King, Gandhi, Nelson Mandela and many others including the prophets over the history of mankind.
Many a times such dreams were hijacked and led astray under the guise of nationalistic, racist and religious idealism by so called politicians and self declared and appointed righteous and religious persons (Little Napoleons). Individuals who have risen to continue some of such idealisms are gagged, isolated, bankcrupted, blasphemied, rehabilitated or worst jailed, for it is deemed not in consonance with the dreams and idealism of the elected parties agendas.
Laws are legislated and passed at whim in Parliament to change the idealism of the Supreme Law of the Land (The Malaysian Constitution) and to cloak such party and individual agendas. It is true, Malaysia, conforms to the democratic process as practiced by most western countries in elections (even though tainted but unproven). But once given the trust to be elected as a leader or representative of the people, party and individual idealism overtook national idealism, and The Jeykll and Hyde personality emerged to be repeated over and over again at each and every election and by-election.
Malaysians have being led astray for so long, that what is right is blurred, what is wrong is tolerated, what is evil is condoned, what is fair is pouted as unfair, what is immoral becomes moral and corruption and close one eye need to become a part of our accepted daily lives. Jealousy, hatred, greed, racism, plundering and satanism starts to breed in Malaysian minds, and brothers, friends and fellow Malaysians were looked upon as enemies or as inferior human beings. Once a while, such nets were cast ashore to include anything to do with other countries or other races which do not belong to one's own race or religious beliefs.
The minds and souls of Malaysians are so polluted and poisoned for so many years that it seems that Malaysia is the only all correct country and we should rule the world by our way. Examples of countries which follows Malaysia or is it we following them are, such as North Korea, Zimbabwe and Israel. What justifications can you tell your own generations or future Malaysian generations that what you are doing to fellow mankind and more so to your own fellow Malaysians that it is righteous and correct, when, it is at the expense and sufferings of your own human kind and fellow Malaysians?
Can you say to them I did it to follow the orders and teachings of God or party political agendas? Who gave you such inspirations and idealism? Do not absolve your own wicked mind and greed nor take a ride on someone else wicked mind and greed. Do not pick and choose in the Books of God nor the man-made laws to justify or suit your own twisted and idealistic minds. You can fool others due to their ignorance or emotions at some time but you can't fool forever a man's conscience nor your own children or hopefully one day your own when such enlightenment comes to you.
The courage to change things which are not right in Malaysia nor achieve the ideals of the Founding Fathers is not impossible. Most Malaysians have woken up to the fact that the future is going to be determined by it's own citizens thru their own conscience guided by their own religious beliefs to live a harmonious and productive life of correctness and not the type of political, racial or religious correctness as preached.
Parties and their own agendas do not take priority over the Founding Fathers ideals and hopes of all Malaysians. Religion and principles are as a guide to your own conscience to make sure whoever is the leader do not lead Malaysians nor society astray.
For in the end, what is just and right should surely overule anything else for any leader or their party agendas.
Does your Representative of the People (Wakil Rakyat) or You! have the courage?
http://patek1472.wordpress.com
MIC can reform or cares as they like. But it cannot do anything to Umno. It will be their slaves not partner. That is why people are hating it. TOOTHLESS TIGER!!!
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