KUALA LUMPUR, April 6 — Claiming the Prevention of Terrorism Bill (POTA) 2015 breaches a clause in the Federal Constitution, a PKR federal lawmaker said today Putrajaya now has “no choice” but to withdraw the draft law from Parliament.
In a statement here, Padang Serai MP N. Surendran said the Bill, should not be tabled for a second reading today as it violates Article 151 of the Constitution, which stipulates that any law prescribing preventive detention must include a provision for the formation of an Advisory Board that a suspect can make representation to.
Tabled in Parliament last Monday, POTA allows authorities to detain suspected terrorists without bringing them to court for up to two years, with a Prevention of Terrorism Board (POTB) empowered to renew the detention order for an indeterminate amount of time.
“The Prevention of Terrorism Bill does not contain any provision for an Advisory Board as required by the Constitution,” Surendran insisted.
“This bill is in plain and blatant breach of the Federal Constitution.”
He said the POTB under Clause 8 of the Bill should not be confused with the constitutionally-required Advisory Board as it does not contain the features of the board as stipulated in Article 151.
This “fatal flaw”, he said, immediately renders the Bill unconstitutional.
“The Government and the Home Minister have no choice in this matter. They must not table this unconstitutional bill for a second reading today.
“To do so would be a gross disregard of the Constitution and the rule of law,” he said.
“Thus, the Prevention of Terrorism bill 2015 must be withdrawn in its entirety.”
The lawmaker, however, stopped short of explaining further what features of the Advisory Board the POTB lacks.
POTA allows terrorist suspects to be detained 21 days upon recommendation by a police inspector, a term extendable for a further 38 days.
During this period of detention, the suspect is not permitted legal representation, except when his statement is recorded by an inquiry officer
The results of the suspect’s inquiry will be presented to the POTB for decision and not a court for full hearing. Should the board decide there is reasonable ground to believe the suspect is involved in any act of terrorism, he or she can be detained without trial for up to two years, a term extendable by the board in two-year increments and for an indeterminate amount of time.
Judicial reviews of such sentences are not permitted, according to the Bill, except for questions on its compliance with procedural matters.
The current session of Parliament, which ends this Thursday, is expected to vote on the Bill.
Home Minister Datuk Seri Ahmad Zahid Hamidi said earlier this month that the Prevention of Terrorism Act will not be misused and that the law is needed to curb militant activities in the country.
He also insisted in an interview in Mingguan Malaysia today that POTA is not an attempt by Putrajaya to replace the ISA that permitted detention without trial, saying that the new law will not be used to clamp down differing political views and ideologies.
