Penang High Court judge Zamani Abdul Rahim has maintained the seven days remand order imposed on 30 Parti Sosialis Malaysia (PSM) who are currently detained in three separate police lock-ups in the state.

Zamani said that the remand order, which will hold the detainees until July 2, was “correct, legal and proper”.

He added that the activists are being probed under section 122 of the Penal Code which carries a “very serious charge” as it involved national security.

He added that since the probe involved 30 people, the scope of investigation was “very wide”.

“It is mine, yours, my children, your children and grandchildren's security,” he said to a packed courtroom in Penang.

“Therefore the remand order of seven days is maintained as I find it correct, legal and proper.”

Zamani said that in arriving at his decision, he did not consider the merits of the case but merely focused on the justification to impose a one-week remand order.

He added that the order was justified as police needed to document statements from detainees and witnesses, to verify the facts, to collect fingerprints and complete a report on the findings.

He added that he disagreed with the defence lawyers’ arguments that the order was “illegal” and “overzealous”.

He stressed that he also did not find that the probe would include “interrogation” of the detainees and witnesses which often connotes “aggressive” questioning.

The activists are currently held in three separate police lock-ups around the state.

These locations include lock-ups on the island, and in Kepala Batas and Sungai Dua.

The court met yesterday to hear the arguments from both sides - prosecution and defence lawyers - on the justififcation for the remand, which spans seven days, from June 26 to July 2, this Saturday.

NONE Nabbed while aboard a bus at the Sungai Dua toll plaza, the activists are being investigated under Section 122 of the Penal Code for the charge of waging war against the King.

The group was on their way to the northern leg of the party's ‘Udah La Tu Bersaralah'’ roadshow campaign which kicked off on June 24.

Those arrested included Sungai Siput parliamentarian Dr D Jeyakumar and PSM central committee member Choo Chon Kai. One was subsequently released as he was under-aged.

According to PSM secretary-general S Arutchelvan, the party’s lawyers have argued that the “whole business of keeping the members under remand is unjustified”.

“Every minute of the remand limits the liberty of our members. We are hoping for the best today,” he told Malaysiakini .

NONE “We will continue to push for the release of everyone who has been detained or remanded,” he added.

According to Arutchelvan, although the defence’s arguments were good, the only issue which may affect the decision is that previous case laws do not refer to first remands but extended ones.

The remand for the 30 may be extended on July 2, pending police probe, but the latter, he said, should have no further cause to hold the members.

NONE “What the police discovered in the buses does not tally with the charge, where we were accused of being in possession of weapons,” he noted.

Penang deputy police chief Abdul Rahim Jaafar had said on Monday that based on paraphernalia seized from the activists, it can be seen that they have connections with the Communist Party of Malaya (CPM) ideology.

These include leaflets and T-shirts printed with the names Chin Peng, Rashid Maidin and Suriani Abdullah, all of whom were CPM leaders.

Part of a nationwide crackdown

The arrests are part of a nationwide police crackdown on any activity that the authorities feel is related to the upcoming Bersih 2.0 rally on July 9, to the extent of banning political events.

About 100 people, including politicians and activists, have been either arrested or called for questioning by the police.

Meanwhile, during the court session yesterday, the public prosecutor had explained that the remand was necessary to facilitate investigation, while the action was in line with section 117 of the Criminal Procedure Code.

The section states that a detainee has the right to be produced before a court of law, within 24 hours of his or her detention.

However, PSM lawyers countered that section 117 is not a blanket provision for the prosecution to carry out any investigation according to their whims and fancies.

On a related issue, Arutchelvan said PSM members and supporters are encouraged to lodge reports against the remand order and detention of all Bersih activists all over the country.

The effort will start today until all detainees are freed, he added.

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