Selangor Mentri Besar Dr Mohamad Khir Toyo's letter to The Star o­n April 26 entitled 'ISA is the nation's sword of Damocles' is riddled with several critical flaws in his attempt to defend the draconian law.

Dr Khir's focal argument o­n the need of Internal Security Act to guard and restore law and order is most insulting to Malaysians, especially in our quest to become a First World society.

His idea of using the ISA to maintain law and order - which has an unpopular history of using vague grounds of detention, the denial of the right to trial and blatant contravention of universal human rights principles - is reflective of his own yardstick of our society's civility and level of democratic governance.

In his letter, he said Malaysia is under the threat of "racial chauvinism, religious extremism and anarchy" and concluded if the ISA is repealed or watered down, the effect "will open a Pandora's box sending clear signal to those chauvinists, extremists and anarchists that a golden era of free for all is coming".

Speaking with such conviction, Dr Khir should be able to assist the authority to identify who are the alleged chauvinists, extremists and anarchists waiting to pounce o­n the nation's peace and public harmony. This allegation should be accorded serious attention by the government in the light of national security. Failure to do so may result in misconceptions of security threats which could drive away potential investments into our country, particularly to Selangor.

Secondly, if assuming that Dr Khir's assertion is based o­n highly accurate intelligence gathering method, the government should order a probe into the reasons motivated such threats.

Religious extremism, racial chauvinism and anarchy are social ills which must be tackled through proper education programme aimed at opening up minds, inculcating good social and spiritual values, promoting respect and understanding of racial, cultural and religious diversity and plurality. Enlarging the space of democratic discourse and discussion o­n various issues could also reduce the chance of some disgruntled parties to resort to undemocratic means to channel their displeasure.

Dr Khir gave a few examples in his letter o­n how ISA was used to restore order during the 1969 tragedy and Operasi Lalang in 1987. If the use of ISA o­n those occasions was able to avert potential bloody clashes or lost of more lives, there is no evidence that the use of ISA was able to improve race relations, enhance social development and curb religious extremism in the country. I stand to be corrected if Dr Khir is able to prove that the use of ISA will be able to yield a different conclusion in the near future.

Next, he gave a few new scenarios where the ISA is applicable which are directed specifically at the political opposition. This implies that leaders such as Dr Khir, if handed the power to invoke the ISA, have no qualms to use them against their political opponents in order to stay in power or to quash dissenting views.

For example, in September 2002, Deputy Home Affairs Minister Zainal Abidin Zin suggested the newest possible use of the ISA. According to Zainal, the ISA would be used "as a last resort" against "extremists" and "chauvinists" who oppose and give a "racial" twist to the government's new policy of using English to teach Mathematics and Science in schools.

He warned the opposing groups of Chinese educationists against "playing with fire". Dong Jiao Zong had been at the forefront of protests against the new plan for a variety of reasons. Nevertheless, it had also called for public deliberations o­n the matter, emphasising that the demand was linked to school education in general and should not be classed as an ethnicity-specific issue.

Ironically, the parties who had been stirring racial sentiments such as some personalities in Umno Youth, several local newspapers and a few journalists - including the o­ne recently blowing hot and cold in Iraq - were not warned of a potential stay in Kamunting.

Those previously detained under the ISA include political activists, religious minorities such as Shias, journalists, student leaders, traders, academicians, NGO activists and, astonishingly, 10 persons accused of spreading "rumours" of bomb attacks via email.

The arbitrary use of the ISA calls for an immediate need for the government to consider the Suhakam's proposal to identify the real threats to national security, where these threats will be regulated through a new security law, renewable annually by the Parliament.

A democratic government elected by the people has a responsibility to ensure that it upholds the democratic rights of the people. In a popular democratic government, where the majority decides, we must not neglect the needs and interests of the minority. Participative governance is key to social harmony in a multiracial, multicultural and multireligious society.

On this note, Dr Khir should not assume that people's vote for the government is equivalent to their vote for ISA because even the people support does not justify the use of the draconian law. Not if we desire to be a First World nation which requires a First World mentality and a First World laws.

Since Sars, we have seen an outbreak of another disease, a foot-in-the-mouth disease. Hopefully Dr Khir is not a probable case.