Friday, April 12, 2013

SOSMA : DATIN SERI’ FILES FOR HABEAS CORPUS

A “Datin Seri” filed a habeas corpus application to the High Court Registry here today on behalf of her husband who is being detained under the Security Offences (Special Measures) Act 2012, or Sosma.

‘Datin Seri’ Nur Rina Abdullah, 39, filed the action for Pertubuhan Kebajikan Al-Ehsan Islamiyah president Muhammad Ridhwan Sulaiman through CV Prabhakaran of Messrs Praba & Associates.
Muhammad Ridhwan named the Ampang Jaya police chief, Inspector-General of Police and Malaysian government as the first to third respondents respectively.

In his notice of motion, Muhammad Ridhwan is seeking a writ of habeas corpus from the court to declare that his detention was illegal, and null and void.

He is also seeking a writ of habeas corpus to compel the respondents to release him immediately.

The detainee in his 50s was taken into custody on April 1 after surrendering himself at the Ampang Jaya police station at 11.05am.

He did so following the public disclosure by Sabah Police Commissioner Hamza Taib that he was among the individuals being sought by the Ops Daulat security forces to facilitate investigations into the terrorist intrusion in Lahad Datu.

Meanwhile, Nur Rina also submitted a letter from self-appointed Sulu Sultan Muedzul-Lail Tan Kiram addressed to Prime Minister Najib Tun Razak, the Inspector-General of Police and Sabah Police Commissioner which stated that Muhammad Ridhwan was not a terrorist but a philanthropist. -SK

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  1. The Security Offences (Special Measures) Act 2012 (Sosma) has no provision for prosecution, said Attorney-General Tan Sri Abdul Gani Patail.

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  2. He noted that the Act, which replaced the Internal security Act (ISA), had been misconstrued both by some media practitioners and members of the public, particularly with regards to the detention of suspects over the terrorist intrusion into Lahad Datu, Sabah.

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  3. "Sosma is not similar to the Penal Code. It is not correct to say that the suspects would be charged under the Act.

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  4. "I hope the media is clear on this so that the public will get accurate information," he told a media conference here.

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  5. Sosma can be invoked by the police to maintain public order and security but has no provision for punishment unlike the Penal Code.

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  6. It allows the police to make an arrest without a warrant, and detain a person suspected of a security offence. The police can detain suspects for 24 hours and if necessary to facilitate investigations, can extend the detention period for up to 28 days.

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  7. The detainees will not be allowed bail after they are charged in court.

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  8. Gani expects more people to be charged over the Sulu intrusion in Lahad Datu due to the ongoing Ops Daulat to flush out the remaining gunmen.

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  9. He said the police also needed time to complete their investigations before charges could be made against the suspects.

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  10. He said giving time to the police to conduct their investigation did not mean delaying the case.

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  11. biar kes dia diselesaikan dgn cara baik

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  12. Let the law play their role in this case.

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  13. Whatever it is, let the evidence prove everything.

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