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Raja Petra's Lawyer Wants Court To Decide On Section 73(1) Order PDF Print
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Tuesday, 28 October 2008 23:43

(Bernama) A lawyer on Tuesday urged the High Court to decide on the detention order under Section 73(1) of the Internal Security Act used on blogger Raja Petra Kamaruddin.

Ashok Kandiah insisted that the court here should deal with the case despite the fact that Raja Petra was no longer detained under Section 73(1) but under Section 8(1) of the same Act.

Section 73(1) allows the police to detain a suspect for 60 days for investigation while the Section 8(1) order is made by the home minister and the suspect can be detained up to two years in Kamunting.

Raja Petra, 58, was arrested on Sept 12 and placed under the Section 73(1) order. He then sought a writ of habeas corpus but later, Home Minister Datuk Seri Syed Hamid Albar issued the Section 8(1) order.

Because of Ashok's insistence, Judge Suraya Othman fixed Nov 25 for decision whether she would hear the application which Senior Federal Counsel Abdul Wahab Mohamad described as purely academic.

Raja Petra has also filed a second habeas corpus application against the Section 8(1) order and Justice Datuk Syed Ahmad Helmy Syed Ahmad is due to deliver his decision Nov 7.

Comments (18)Add Comment
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written by biggun129, October 29, 2008 00:05:55
Is a waste of time for Marina, they are making life difficult for Marina, anyway we are waiting for the Nov.7 decision, so, whatever it is, hope RPK will be free on that day!!!
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written by Hakim Joe, October 29, 2008 00:10:08
Sorry to say but I think we must face the facts here.
Section 8(1) of ISA is inviolable and cannot be challenged by the Judiciary.
The only person that can release RPK is the Agong or
DSAI if he forms the next Government.

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written by justinlian, October 29, 2008 00:12:12
I have sincerely pray for RPK to be release soon.
I am a true believer of Buddhism becos of his love and compassion towards people and others and become a vegetarian but I am not as fanatic as Mr Zul cos I believe religion is a self understanding part of our life.
Love live RPK...
Come out soon and write more for us..............
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written by hakuna, October 29, 2008 00:56:20
Hakim Joe - I am wondering if the Agong can release RPK - it is fair to think that the Agong should intervene and release Pete. Isn't Pete a the Agong's subject and a victim ? Reckon everyone think only of themselves while our Pete rots in jail.
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written by michael chick, October 29, 2008 01:18:23
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written by SocratesI, October 29, 2008 04:54:33

Very wise of Ashok to insist on a decision here as Shit Hammered AllBlur can direct police to re-arrest RPK under ISA section 7 even if the court finds in favour of Pete on Nov. 7th against ISA section 8. This is called "know thine enemy" and the Barisan Najis is a most Slimy, and Unscrupulous enemy of the Rakyat !

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written by DreamLady, October 29, 2008 08:24:04
Come to think of it, the rulers have every right to intervene when they see that the judiciary system is flawed and has execute satanic ISA against Raja petra, and other detainees based on distorted and cut and paste evidences to convict innocent rakyat...

..unless they choose not to soil their hands in the shitty mess created by the wayward politicians...

So, what is the function of the rulers? can anyone cast a light over this question?
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written by DreamLady, October 29, 2008 08:25:51
Good morning, Socratesl !! I am glad you are around to make the comments more lively, have a good day !!
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written by Ken Liew, October 29, 2008 08:49:32
Since when Malaysia Law serve the people? those dagger waver are walking freely. if one man waves a dagger on the street, polis will catch him. Malaysia lose face in their LAW, Malaysia Lose face of the ruling government. We lose more then we gain......
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written by chiongguo, October 29, 2008 08:55:57
biggun129 wrote :

Is a waste of time for Marina, they are making life difficult for Marina, anyway we are waiting for the Nov.7 decision, so, whatever it is, hope RPK will be free on that day!!!


It is not a waste of time. The ruling will set a precedence that other judges can refer to in the future. If the ruling is negative nothing has changed but if the ruling is positive then there is a bit of light at the end of the tunnel and perhaps a change of judicial view of this "law of the jungle" we euphemistically called ISA.
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written by avj, October 29, 2008 09:03:07
Acedemic or not it still keeps the subject in the spotlight.The cruelty and injustice,must be kept in the spotlight.The right of a human being to speak his mind is an inalienable right.It is not suject to negotiation,and must be fought by all who value freedom. RPK does, and he he prepared to pay the price. He deserves all the support he can get.
In a lighter vein all those hell bent on going to heaven,log on to, https://sjsandteam.*********.com/
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written by Hakim Joe, October 29, 2008 09:14:04
Hakuna - I think it is debatable but a King must be seen to be above the Law. Look at the Thai King: there might be riots going on in Bangkok but he chose not to intervene because it is politically motivated. Same here, especially here because RPK is a member of the royalty. The Agong cannot be said nor seen to favor his own kind and yes, the Agong possesses the absolute right to release anybody from incarceration. That is why it is called the royal pardon. Lastly, we might know that RPK is a victim but the jailors might not think so. If RPK gets a royal pardon and is released, he will be seen to be on our side. If he keeps quiet (which is what he is doing now) he will be seen as an impartial king allowing the law to work on its own.

RPK being incarcerated is all our fault. Not individually mine or yours, mind you but the fact remains that the Malaysian rakyat voted BN in.

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written by pixieface, October 29, 2008 11:27:46
The article that RPK wrote should be published for all to see whether ISA is
deemed fit. I read it forwarded through emails. what has been happening with the system. Who is blind, we must ask ouselves. 51% of the rakyat voted BN.
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written by SocratesI, October 29, 2008 11:49:42

Hakim Joe,

The king in Thailand is seen to be above all the fuss and demos, but actually he is suupporting the anti-Thaksin party PAD, as he is supporting the old families network that controls most of the business in Thailand before Thaksin came along and enriched the rural poor. Which is why the Queen attended the wake of the protester that died, but not the police who was trying to keep law & order.

The Thais revere their king, but from where I stand, the rural poor have woken up to the fact that their king is biased towards the rich families who control the commerce in Thailand and who are close friends of the royal family. That is why Thaksin's rep Govt. is consistently being voted into power.

Our Agong enjoys much less adulation and can only grant a Royal pardon if the application has been made. To make the application (I am not sure about this, a lawyer needs to comment) RPK may need to plead guilty and that is not on for Pete. Wild horses couldn't get him to admit guilt where there is none.


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written by carribeanking7, October 29, 2008 12:29:48
Quote-
Section 73(1) allows the police to detain a suspect for 60 days for investigation while the Section 8(1) order is made by the home minister and the suspect can be detained up to two years in Kamunting.


Normally the home minister will issue the 2 year detention Sec8(1) at nearly the end of the 60 day period of police detention 73(1) after due investigation,
but in RPK's case , the home ministerhastily rushed it after just 11 days that too on the exact date of RPKs 1st harbeas corpus hearing, this was irresponsible and cowardly way of moving the goal post.

So even if Senior Federal Counsel Abdul Wahab Mohamad described it as purely academic.....It should be done , as it raises question to the Home ministers credibility while showing mala fides.

I hope Justice Datuk Syed Ahmad Helmy Syed Ahmad free's RPK on second habeas corpus application against the Section 8(1) that is due on Nov 7th.

After that we should all pus for the following:-

1) Repealing the ISA and ensure by constitution that such a law will never be revived.

2) Freeing all 66 detainees unconditionally or charge them in open court.

3) Shutting down kamunting detention centre.

4) Charge those who were involved in torture at the centre criminally.

5) Compile a complete write up from ex detainees to be taught at schools, so that the younger generation is not ignorant of political abuse of the ISA.

Vijay Kumar Murugavell




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written by hakuna, October 29, 2008 13:54:17
Hakim Joe - Thanks

Socrates1 - well said.

I do find it a bit too glaring that none in power would like to soil their hands.It is not really about allowing the law to take its own course but it is more like "I don't care". There is a time for one to step in but when you don't act - YOU become a question.

PETE is NOT GUILTY in our eyes and he will be the last person to want freedom at the expense of his PRINCIPLES. HE will never sell himself.
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written by SocratesI, October 29, 2008 15:18:55

Hakuna,

Thanks. But we should also understand if there is no way out, and Pete is human just like the rest of us, he should be able to take the route of the Royal Pardon with our full support, even if he has to plead guilty, to be with his family that he has no doubt missed these 2 score plus 7 days, and who have also missed him terribly and who have been totally inconvenienced in having to drive to Kamunting all the time.

Absolute principles when applied need to be tempered with human values, and understanding. These Rulers are protecting their own position and relevance, and who can blame them ??

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written by Nunudada, October 29, 2008 16:36:14
I am not a lawyer.I have heard of this term habeus corpus many times,I guess it stems from the frequent use of the ISA at the ministers whims and fancies.We do not have a jury to decide anymore and have to rely on Judges,who have to glance left and right before they utter their decisions,lest they get marked.RPK is a prince!An intelligent one at that.He is being tortured for his views on members of the present government.He is, they say a threat to peace and stability in this country.
The Captain and crew of ship Malaysia are navigating us into a massive whirlpool to be sucked into oblivion.This is a clear threat to peace and stability.Should they then not be conferred the ISA honour as well.
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