21. Detention Unconstitutional
The Star report of 15th December, 2007.
IPOH: A writ of habeas corpus has been filed for the release of lawyer M. Manoharan from detention under the Internal Security Act (ISA).
DAP national chairman Karpal Singh, who is acting for Manoharan, filed the application at 4.30pm at the Ipoh High Court yesterday.
After the papers were filed, the court fixed next Wednesday for mention.
The Internal Security Minister and head of the Kamunting detention camp were 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 required police investigations and recommendations to be given to the Internal Security Minister within a period of 60 days before a detention order was 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, has already been placed under a two-year detention order.
The order was handed to his wife V.N.S Pushpaneela when she visited Manoharan at the Kamunting detention camp in Taiping yesterday.
“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 pointed out.
Manoharan and V. Ganabatirau, who are DAP members, are among five Hindu Rights Action Force (Hindraf) leaders who were detained under the ISA on Thursday.
The others are lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar.
Karpal Singh was denied entry to visit the detainees.
The detention order against Manoharan states that since Oct 6, 2007, he had willingly played an active part in the unregistered Hindraf and had acted as its leader and legal adviser.
The order, effective Thursday, states that Hindraf had conducted activities that threatened the security of the country by holding illegal gatherings, handing over of memoranda and forums.
Those activities could incite racial sentiments and hatred against the Government among the Indians, added the detention order which was signed by the Internal Security Minister.
To be successful in its activities, it said, Hindraf had tried to obtain international recognition for its struggles and assistance from terrorist group Liberation Tigers of Tamil Eelem to start a riot in the country.
The order also cited seven incidents in October and November when Manoharan was said to have taken part in those activities deemed to be a threat to national security and inciting racial sentiments among Indians.
Meanwhile, The Star today reports:
DAP lawyers will represent the five Hindu Rights Action Force (Hindraf) officials detained under the Internal Security Act.
Party central executive committee member A. Sivanesan, who will be among the lawyers, said initially, the party only represented its members M. Manoharan and V. Ganabatirau who are the among the detained Hindraf officials.
The other three are lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar.
“We only received the detention order for Manoharan on Friday and have filed an application at the Ipoh High Court.
“As for Uthayakumar and Kenghadharan, we have received the detention order and will be filing the application tomorrow.
“We will obtain the detention orders for Ganabatirau and Vasanthakumar on Tuesday,” Sivanesan told a press conference yesterday
.
In Penang, Bukit Gelugor MP Karpal Singh said he would be moving a motion in Parliament on Tuesday for a review of the detention order of the five Hindraf leaders.
If it had not been for these Hindraf Leaders organising a peaceful rally, the meeting between the Prime Minister and Indian NGOs would never have taken place. The disturbances took place because the police stepped in. I have previously stated that "It Takes Two to Tango." Without police interference, it would have been a peaceful protest on a Sunday, like in many developed nations of the world. The Hindraf group is a god-fearing group of lawyers, who spoke on behalf of the community. These Malaysian lawyers are not communists and have no links with communists or terrorists. The rally was held because nobody listened to them. They had written numerous letters to the leaders of this country to discuss the problems of the community but nobody bothered. As such they should not be detained under the ISA, which itself is against the human rights principle of 'innocent until proven guilty', as enunciated in the Federal Constitution.
The first Prime Minister of Malaysia, Tunku Abdul Rahman, defined the purpose of the act as to "be used solely against the communists... My Cabinet colleagues and I gave a solemn promise to Parliament and the nation that the immense powers given to the government under the ISA would never be used to stifle legitimate opposition and silence lawful dissent".
Theirs was a Malaysian Indian cause, pure and simple. The ISA was formulated during the Malayan Emergency in 1948, to tackle the communist problem, and it is not applicable here and is a nullity by our constitution.
