KUALA LUMPUR, June 18 ― Lawyers of Malay rights group Perkasa is currently studying the government’s recent abolition of the controversial Internal Security Act 1960 (ISA), which the group claims had been unlawful.
Perkasa president Datuk Ibrahim Ali said the ISA was enacted to protect Article 149 of the Federal Constitution, but its replacement, the Security Offences (Special Measures) Act 2012 (Sosma), does not have the same scope as the ISA.
Ibrahim said Sosma cannot act against those who insult the position of the Malay rulers and Islam.
“If these are not covered by Sosma, was the abolition made in Parliament valid? Because it must be parallel with Article 149,” Ibrahim told a press conference here.
“If not, Sosma is ultra vires, then the abolition of ISA was invalid. We’re studying that. Our lawyers are looking into that in detail.”
“Ultra vires” is the Latin legal term that translates to “beyond the powers of”.
Ibrahim also insisted that many Malaysians are against the ISA’s abolition, and claimed this would be proven through any nationwide referendum.
He said he got the impression after attending a series of national unity dialogues across the country.
“In all the dialogues that I attend, everybody who gave their opinions expressed their dissatisfaction over ISA’s abolition. They want the government to re-enact ISA or a similar law,” the former Pasir Mas MP said.
“If the government were to make a referendum gauging the support for ISA, at least more than 50 per cent will say they support the ISA. I believe this strongly.”
Putrajaya recently abolished the Emergency Ordinance (EO) and the Internal Security Act 1960 (ISA), both of which allowed for preventive detention without trial, a feature that has been criticised by its detractors for allegedly infringing on human rights.
Ibrahim had been detained under the ISA between 1974 and 1976, for participating in a rally in the historic Merdeka Square together with several others, including Datuk Seri Anwar Ibrahim, who is now the Opposition Leader.
