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Raja Petra trial: ‘It should be handled by religious authorities then’ PDF Print
Posted by admin   
Wednesday, 22 October 2008 21:38

By LISA GOH in The Star

SHAH ALAM: If Malaysia Today editor Raja Petra Raja Kamarudin had insulted Islam, he should have been dealt with by the Selangor religious authority, the High Court heard.

His lead counsel Malik Imtiaz Sarwar argued that it was questionable as to whether the Home Minister could order Raja Petra’s two-year detention under the Internal Security Act (ISA).

“On this ground alone the detention ought to be declared unlawful.

“Issues pertaining to matters of Islam are within the purview of the state governments, save for the Federal Territories of Kuala Lumpur and Labuan,” he said on Wednesday during an application for a writ of habeas corpus seeking the release of Raja Petra.

The Home Minister was named as the sole respondent.

Malik Imtiaz said that as Raja Petra resided in Selangor, it was clear that the Federal Government had no authority over the matter.

“Whether Raja Petra had insulted Islam is a matter within the exclusive domain of the Selangor religious authorities,” he argued.

The Malaysia Today editor was detained on the grounds that he had “intentionally and recklessly published articles which were critical and insulted Muslims, the purity of Islam and the personality of Prophet Muhammad.”

He was also detained for allegedly publishing articles concerning national leaders which were defamatory with the intention of undermining confidence and inciting hatred against the Government which could affect public order and prejudice national security.

Malik Imtiaz also submitted that the detention was unconstitutional -- as it contravened the Federal Constitution which guaranteed Raja Petra his rights to freedom of speech and expression, and to profess and practise his religion -- and was therefore void.

The Ministry’s Legal Adviser Abdul Wahab Mohamad argued that under Section 8 of the ISA, the onus was for the detainee to prove that the authority had not complied with the procedural requirement.

He added that it was clear that the Parliament had provided the power to the Minister to make the detention order without having to consider the police investigation process.

“Therefore, the detention order is valid and in accordance with the law,” he said.

Present in court for the hearing was Raja Petra’s wife Mable @ Marina Lee Abdullah, their two daughters Suraya and Sarah, and dozens of supporters who had turned up clad in t-shirts emblazoned with slogans such as “I’m with RPK”, “No to ISA” and “No Holds Barred.”

Justice Syed Ahmad Helmy Syed Ahmad set Nov 7 for the decision.

Comments (15)Add Comment
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written by DreamLady, October 22, 2008 21:57:17
Abdul wahab, I thought you should know more about the procedure before orders are out to detain anybody you guys fancy. What kind of society do we have to put up with, with the likes of you who put laws into your own hand?

Do your homework thorough, weigh the pros and cons before action is taken. In addition, provide trial for an innocence to prove his or her guilt before you guys pass sentences the moment the victims are handcuffed.

Go back to law school and begin your begin from A................Z

Disgusting judiaciary system!!
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written by indianputra, October 22, 2008 21:57:25
Why is that the judges like to postpone every case so frequently and to a lengthy interval? Why postpone it to Nov7th. Why can't he continue hearing the case tomorrow?
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written by cheekhiaw, October 22, 2008 22:01:02
Only in this country do thieves, liars and murderers get to decide what is an insult, and then say the onus to prove otherwise is on the ones they victimise.

xxx
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written by cheemengwong, October 22, 2008 22:20:47
If someone insulted the religion, God would be there to protect it HIMSELF. God don't need anybody else. That is why GOD is GOD and Ali is just a human being. God don't need a bodyguard.

Please lah
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written by asiana888, October 22, 2008 22:30:49
Hi Indianputra,

I know you are not new in Malaysia. The judge need to seek approval from higher ups on what to do? Even though they know the case is totally ridiculous and full of s**t ... they have to jaga their 'banana leaf' la.

Let's continue to pray for RPK and family.
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written by justinlian, October 22, 2008 22:36:28
What procedure ?
Power have been mislead and misused.
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written by Wisdom above, October 22, 2008 22:41:36
Legally, politely & with due respect, let's get the facts in correct perspective.

RPK is not a 'Terrorist ' at all , OK !
Let's not split hair on this.

According to interpretation under section 2 of ISA 1960(1972),
'Terrorist' means 'any person' who ....

The " burden to prove beyond any reasonable doubt" that RPK is a 'terrorist' rest upon the Home Minister.

Let's sue the Home Affairs Ministry for RM100 Billion compensation & damages for false imprisonment for using the wrong Law to detain RPK and others.

RPK detention and all other past detentions from 1987 to 2008, were and are Ultra Vires the Federal Constitution 149.

RELEASE RPK, and all ISA detainees. ABOLISH ISA NOW!

Let's Fast and Pray for Wisdom, Peace and Tranquility to prevail.

My salute to all Peacemakers
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written by palani, October 22, 2008 22:47:27
I strongly believe Justice Syed Ahmad Helmy Syed Ahmad is a man of principle having conscience of his own and fear of God (Allah) will set RPK free. He is the judge here for this case but he knows well he has to answer the other judge on the day of judgment. Not all judges can be bought by the higher ups. Justice Syed Ahmad Helmy Syed Ahmad is one of them. Let us pray RPK will be acquitted and set free.
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written by thumb, October 22, 2008 23:11:17
Ballhead has made Makamah Shaariah only for marriages and divorces in Malaysia and all other matters will be dealt by invoking ISA.
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written by bigben, October 22, 2008 23:34:10
I understand that they are charging our brother RPK for insulting Islam and has caused dissatisfaction among muslim. Now don't they have to prove it? Does it mean that each time a muslim is deemed to be unhappy with statements made any persons the ISA could be invoked on that party? How come when the local councils demolish hindu temples no action is taken the perpetrators?
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written by K W Waran, October 22, 2008 23:44:26

Dearest Folks,

Let's us not get riled up over the Yang Ariff who set the date for the decision. I was at the hearing and our Sdr. Malik Imtiaz Sarwar, Sdr. Azhar and the team of lawyers have indeed done a sterling performance throughout the proceeding.

The matter had to be scrutinised in its entirety plus the Yang Ariff is also scheduled to attend the LAWASIA CONFERENCE. The honourable judge also had several cases to dispose of, and hence, the date set on the 7th November 2008, which is the earliest available. This was magnanimously mentioned by his lordship before adjourning.

In the meantime, Folks, let's all pray for some divine intervention. YM RPK may, god willing, attend his other pending cases without the encumbrances of the dreaded ISA.




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written by temanmu, October 22, 2008 23:48:03
How come Mahathir & Projek IC in Sabah are not held under ISA?

They undermined the integrity of Malaysia by giving foreigners immediate citizenship!

That is like treason!
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written by ROBERTNGTG, October 23, 2008 08:51:43
Raja Petra trial: ‘It should be handled by religious authorities then’

SO MR ALBAR IS NOW ALSO A RELIGIOUS AUTHORITY TO DECIDE WITHOUT ANYONE'S
QUESTION OR THOUGHT ON WHO HE SHOULD PUT UNDER ISA. WHEN THE MISTAKE IS
EXPOSED, HE WILL USE HIS STANDARD REPLY, IT IS FOR THAT PERSON'S PROTECTION
BECAUSE HIS SAFETY IS UNDER THREAT.
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written by red1, October 23, 2008 09:03:35
You have to forgive government officers in carrying out their duty. They are under oath to serve the government of the day. If they refuse to, they can be subjected to disciplinary action. What else can they do? Are you willing to start a fund to "Save the servants of conscience?"

So for now, let them cari makan. Even blasting them about the Day of Judgement where Allah certainly will try them for breach of human dignity and justice cannot impinge on them. They have too much fear of the material world and its seemingly overwhelming powers.

Redhuan D. Oon
PendAtang Dengan Izin

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written by KELLYVILLEACE, October 23, 2008 11:30:42
Unfortunately this is the law of your land...Barisan Najib's Law ....There is no right or wrong. It is you win or you lose.

In this case, and every other cases, the raakyaat will always lose.

Bukan Pendatang because I sudah Buang Negeri lah.


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