FAC News - Monday, February 25, 2002 4:25 PM

THE ISA HABEAS CORPUS APPEAL HEARING - Police need not reveal grounds of ISA arrests

The Kuala Lumpur Federal Court was told today that the police need not reveal the grounds of arrest when arresting anyone under the Internal Security Act (ISA).

The prosecution, that was replying to the defence’s charges that the police have not been able to justify the arrests of five National Justice Party leaders and Reformasi activists, said that the police need not justify the arrests.

The five – National Justice Party Youth Leader Ezam Mohd Nor, Saari Sungib, Tian Chua, Hishamuddin Rais and Raja Petra Kamarudin – were arrested over various dates in April 2001. Raja Petra has since been released while the other four are being detained indefinitely at the Kamunting Detention Centre.

The prosecution explained that the police need only declare that it has grounds to believe that the five are capable of, or may intend to, commit an act prejudicial to the security of the nation.

This involves a state of mind at that point of time argued the prosecution. It is the Minister’s state of mind that he believes someone has acted or may act prejudicial to the security of the nation.

The prosecution said, producing evidence to support this belief is not a requirement. In fact, the crime may not have even been committed yet. As long as the Minister believes that there is the probability a crime may be committed in future, then he can order someone to be detained under the ISA. And the Minister need not reveal why he believes so or offer evidence to support this belief..