Free RPK (Update)

RPK's habeas corpus application is now scheduled for tomorrow morning (23rd September 2008). It will be heard by Justice Suraya Othman of Criminal High Court 1. The court is situated on the 5th Floor (left wing), KL Court Complex, Off Jalan Duta.

RPK has been detained under section 73(1) of the Internal Security Act. Unlike a detention by the Minister under section 8 (as was the case with the HINDRAF 5), a court must review a section 73 detention on an "objective" basis. It must satisfy itself objectively that there was a reasonable basis for the detention in the context of national security. The detaining authority is therefore under a burden to establish that the activity complained of (on the part of RPK) could reasonably be characterised as a threat to national security.

If the court allows the application, RPK must be released immediately. If the court dismisses it, an appeal lies directly to the Federal Court.

MIS

Suspicion Of Tyranny

"I realise that the police have a difficult duty to perform to maintain the public peace and security. They should by all means exercise their powers under the law but in exercising these extra-ordinary powers of detention without trial, they should be careful not to raise in the minds of the public any suspicion of tyranny."

The late Justice Harun Hashim (as he then was) in IGP & Anor v Lee Kim Hong [1979] 2 MLJ 291


MIS