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Tuesday, September 16, 2008

Free RPK

We filed for habeas corpus this afternoon. Time to fight the good fight.



Anonymous said...

When is it? Can public come? i have seen you and haris in court and is very good show, very handsome men fighting for justice.HOW SEXY!!!1

Malik Imtiaz Sarwar said...


the application has not been scheduled yet. More details will be provided in due course.


Anonymous said...

Habeas corpus, my friend, only works for ISA if there were any errors in how the detention was made.

So don't waste time.

Malik Imtiaz Sarwar said...

Black Spectre,

not really. There are 2 types of detentions under the ISA - a section 73(1) detention by the police (for up to 60 days) and a section 8 detention by the Minister (for periods of 2 years). What you say is true only of the Ministerial detention in view of section 8B which ousts judicial review.

We fought hard to sever the police detention from the Ministerial detention during the Ezam Mohd Noor appeal in the Federal Court in 2001-2002. The Court agreed with us and declared that a police detention could be reviewed objectively i.e. the police would be required to show the court how the detainee is a threat to national security. This is vastly different from a Ministerial detention which is entirely subjective.

In Ezam, the Federal Court found that the detentions had been in bad faith. If the evidence is compelling, a court could come to the same conclusion where RPK is concerned.


mei1 said...

What's the possibility of getting it?
Anyway, since PR has promised to put an end to ISA, PPPA once it takes over, perhaps we just have to wait for a new government to be formed.

Doc said...

All the best guys. Kick some @*s out there and try to get RPK out. I really hope you guys get a good and non-partisan judge. Keep us updated.

art harun said...

Tell me if you all need any help at all Imtiaz. It's not my area of practice but I would carry your bags if necessary.


Anonymous said...

Pesanan RPK buat rakyat Malaysia.

Terima kasih.

47 said...

goodluck MIS :)

Anonymous said...

Malik, i admire your true convictions for the Law--- from the articles you write and how you walk the talk --- God Bless YOU!

I'm not anywhere near John Grisham to know the intricacies of the law- however -- a layman can sit and say RPK is righteous as he writes. Its so comprehensible, the words , the phrases. he is a patriot telling us about faith and duty for his Country as Steven Hawkings describes Time.

I'm disgusted to note that an LLB is not able to understand RPK's articles that guys from Jakim -- who speeka no Englris , have to tell a Minister what the facts are . Are they his Private Secretaries .What a Shame for the Country, with a Minister like Albar .

I also would like to comment about who ever the prosecuting officer and Judge may be --- to them, this is what i have to say -- Give Justice the breath. The world is big enough for all !!

Anonymous said...

Hi Malik:

The ISA drafter, R.H. Hicklings had said that, quote "t is all provided by the preamble, but the preamble has not been adequately considered." unquote.

He further reiterates "But if people won't pay attention to the wording, what can you do about it?

"Organised violence is the key to this preamble, but a lot of people who had nothing to do with organised violence at all were being arrested."

I am not a lawyer but I cannot help pondering over Hickling's claims. Is there any truth in what he says or, as has usually been the case in bolehland, the courts have taken a narrow view interpretation of what it actually meant and was intended.

I was also preturbed to learn that only procedural or technicalities issues may be challenged but not the prerogative powers of the Minister. This would mean that the hope is almost nil but again reading Judge Hishamuddin's judgement on a similar matter had challenged the very detention as mala fide. Does this reflect what Hicklings mentioned about the preamble?

Anonymous said...

revised lyric from
Rantai, Wings -Teori Domino

kau ingin aku tunduk segala kemahuanmu
kau... cengkam dengan akta ISA
rantai ini hapuskanlah
tak bisa ku tahan lagi
rantai ini leburkanlah
tak ingin ku jadi abdi.....

tak mungkin lagi kita...
menerima penaklukan
bebas RPK .. bebas
bebas tahanan ISA

rantai ini leburkanlah
lambat laun kan meledak
rantai ini hapuskanlah
tak mahu ku diperbudak....

bebaskan ..... bebaskan.....

Malaysia ini satu..
bukan dua pun tiga
bebaskan dari rantai
kapitalis imperialis

musibbah ISA ini hapuskanlah
tak bisa ku tahan lagi
celaka rantai ini leburkanlah
tak ingin ku jadi abdi....

Anonymous said...

from our hearts ,Malaysia thanks you for your efforts.For a long time I had lost my love for this country due to a sense of detachment.The sacrifices of RPK,Theresa,Tan and DSAI have humbled me and a fierce flame of justice and patriotism burns within my heart.I pray for God's guidance for the righteous

Pratamad said...

Lawan tetap lawan!

Justice will prevail.

amethyst213 said...

Dear Sir,

If i study my law correctly, objectively means the court may go behind the reason of detention and determine if indeed it was for national security etc.

Meaning there will be sort of a full trial and all where all evidences and statements and witnesses examined.

Hence, looking at the Court's past record on time-consumed, plus possibility of appeal, will it be too late and the detention continued by Ministerial satisfaction under S8 ISA, which is not reviewable (Karam Singh case etc)?

And i don't think there is such thing as bail here.

And considering RPK is avoiding the foods, time become crucial.

Correct me if i am wrong, for i am not learned.

Thank you.