FAC News - Wednesday, February 27, 2002 4:31 PM

THE ISA HABEAS CORPUS APPEAL HEARING – Day 3 – ISA cannot be used against individuals

Many believe the Internal Security Act (ISA) is a law that gives the government absolute and wide powers to arrest and detain indefinitely anyone suspected of planning to commit a crime (in future) without bringing them to trial or justifying their arrest with evidence.

This is not so the Kuala Lumpur Federal Court was told today.

Article 149 gives Parliament the power to enact laws to combat subversion explained the defence. However, the word “subversion” is not as wide as what the prosecution tries to imply.

First of all, action must have already been taken prejudicial to the security of the nation. Next, the action must be by a substantial body of persons and not individuals.

That which can be regarded as subversion would be a religious rebellion, racial disharmony, and Communist insurgency.

Article 149 is meant specifically to fight against or to prevent subversion explained the defence counsel. This law allows Parliament to enact other laws to achieve this end. And the laws enacted must be only used to stop or prevent subversion and not for any other ends.

In short, Article 149 is a law that allows Parliament, in a dire situation, to enact laws to counter it. And the ISA was one such law enacted through Article 149.

But Article 149 laid down strict conditions before any law can be enacted and no legislation can override fundamental liberties. That is why Article 149 is very specific and the ISA does not remove the right of a detainee to get access to legal counsel or to be told the reason of the arrest.