Despite the repealing of the widely-used Internal Security Act (ISA) in September 2011, the Malaysian government still has several laws it can use at its disposal to reign in political dissent.

There are still in force laws that allow for detention without trial, either enacted or amended in the last three years, such as Prevention of Terrorism Act 2015, Security Offences (Special Measures) Act 2012 and the Prevention of Crime Act 1959.

Recently, both activists and politicians have been arrested under Sections 124B and 124C of the Penal Code - for "activities detrimental to parliamentary democracy" and "attempt to commit activities detrimental to parliamentary democracy", respectively.

Even with the generous use of the Penal Code in the last few months, some pro-establishment supporters are calling for the ISA to be enacted back as law.

The call to revive the ISA intensified during the ‘Himpunan Rakyat Bersatu’ on Sept 16, which was to counter the Bersih 4 rally - which the red shirts rally organisers claimed was Chinese-dominated and aimed at toppling the government.

Return of ISA to help Najib silence critics?

The revival of the ISA was just one among 14 resolutions to be submitted to the government by Annuar Musa, who was one of the speakers at the red shirt rally.

The repeal of the ISA was announced by Prime Minister Najib Abdul Razak, in his eve of Malaysia Day speech in 2011, as part of his promise to democratise Malaysia by reforming, amending or doing away with restrictive laws.

Before it expired, the Act had been used by the government to crack down on dissent, most notably in the 1987 Operasi Lalang, where more than 100 politicians and activists were detained under this law.

However, in light of the many scandals that Najib has been embroiled in since last year, some observers noted that if the ISA had been around, it would have made it easier for the embattled prime minister to silence his critics.

This sentiment has been backed by Najib's backers in Umno, such Annuar, who is a supreme council member, Umno Cheras division chief Syed Ali Alhabshee and former Malacca chief minister Mohd Ali Rustam.

"We want the ISA to be brought back and to ensure no more illegal assemblies like Bersih 4 are held," Ali is reported as saying.

However, there are also those within the BN family who disagree with the return of the ISA.

Gerakan criticised the red shirt protesters for calling for the ISA to be revived.

The party's national legal and human rights bureau chief Baljit Singh asked whether the Sept 16 protesters realised that the ISA would actually take away their right to gather on the streets.

'It'll be a return to tyranny'

However, if ISA is indeed resurrected, human rights activists say it will mark the return to tyranny by those in power, since this law has always been used with an iron fist.

Former human rights NGO Suaram coordinator Shukri Abdul Razab ( centre in photo ), who was also secretary for the disbanded Abolish ISA Movement (AIM), recalled how deftly the detention without trial law had be used by those wielding power.

"If the ISA is brought back, we believe abuse of power will take place because the ruling party is already in a tight spot, especially now with all the scandals befalling the prime minister," Shukri told Malaysiakini yesterday.

He also noted that the calls for the revival of ISA had racist undertones, which he desscribed as an early sign that if the ISA is brought back into law, it would be used once again as a "political weapon".

Instead of calling for its comeback, he said, people should be calling for the abolishment of the three new ISA-like laws - the Prevention of Terrorism Act (Pota), Security Offences (Special Measures) Act (Sosma) and the Prevention of Crime Act.

However, it is not only civil society that dreads the possibility of ISA's return.

The Human Rights Commission of Malaysia (Suhakam) is equally appalled by the justifications given for the revival of the ISA.

Instead of the Malaysian government taking a few steps back, should it choose to revive the law, Suhakam suggested that the government enacts hate crime laws instead.

Given that there are many concerns regarding racial and religious harmony in the country, Suhakam urged the government to reconsider enacting the following, on grounds that hate crime laws are necessary:

i) Racial and Religious Hate Crimes Bill;

ii) National Harmony and Reconciliation Bill; and

iii) National Harmony and Reconciliation Commission Bill.

In making the call, Suhakam chairperson Hasmy Agam ( photo, above ) also went on to caution that these laws must be strictly confined to actual hate crimes and not merely the expression of opinions.

"Controversial ideas and opinions made in the context of academic debates, political engagement or similar activity, and without incitement to hatred, contempt, violence or discrimination, should be regarded as a legitimate exercise of the right to freedom of expression," Hasmy said.

Universiti Malaya law professor Azmi Sharom said the ISA is a weapon to maintain the status quo of those in power and that if it was brought back, it would ruin the prime minister's reputation.

"If they bring this law back, it will be another backward step towards an autocracy and theoretically, it will ruin the PM's reputation. But then, that reputation is in tatters anyway," Azmi told Malaysiakini .

He added that he does not think it is likely for the ISA to be brought back as a law as the government would have difficulty justifying its revival, especially with Pota and Sosma already enacted.