COMMENT | Resorting to Sosma in GISBH case uncalled for

COMMENT | Pakatan Harapan used to vehemently oppose a draconian law known as the Security Offences (Special Measures) Act 2012, popularly dubbed as Sosma, in Parliament. We used to debate the law until the wee hours trying our best to stop the bill from becoming a law.

Apparently, to our utter frustration, Harapan has been consistently resiling from its solemn promises. Adhering to this repressive law is one of the glaring proofs of such abandonment of its undertakings.

Yes, Harapan promised a lot of reforms when it was in opposition only to break the same when it was given a mandate by the electorates. Now it - with BN - unashamedly gave the police a green light to freely use Sosma against some of the Global Ikhwan Services and Business Holdings (GISBH) adherents.

Harapan seems to forget that despite whatever prejudices it may have against the GISBH adherents, the latter are still entitled to be treated fairly and justly under the law. After all, fairness and justice are the sine qua non of the Rule of Law.

By right, the prime minister should be the one who can easily relate to this argument because he had experienced being subjected to unfair and unjust treatment in the past.

Why should the Harapan-led Madani government allow police to invoke Sosma? Is it because Sosma is a truly police-friendly law?

Or is the Madani government being held to ransom by its new partners in the Madani government?

We have no qualms for the police force to take any necessary action against any criminal, including the alleged GISBH offenders, but the police don’t have to go overboard with them, so much so the police think they are given a free ride to use any questionable and repressive laws with impunity.

Apex law

In my previous article - also in this portal - I highlighted a plethora of oppressive provisions contained in Sosma, so much so in a few of its provisions this law specifically allows them to offend any provision enshrined in the Federal Constitution and any provision duly embodied in the Criminal Procedure Code (CPC) and the Evidence Act 1950 respectively.

Despite Malaysia embracing the doctrine of constitutional supremacy, Sosma seems to trump our apex law. The prime minister and his ministers, including all the MPs, agreed to protect and defend the Federal Constitution when they took the oath. Have they forgotten such a sacrosanct oath?

Some legal scholars argue the day when the apex law is treated as a mere ordinary piece of legislation is the day the death warrant is being issued to our Constitution. Worse, many have treated the Federal Constitution as a meaningless piece of legislation.

I still vividly remember the late Karpal Singh - a real fighter for justice for all - fiercely criticised the provision in Sosma legitimising the use of the electronic monitoring device. I still remember his words: “Mr Speaker, this law treats human beings as animals!”

In my considered view until and unless Sosma is totally abolished or duly amended the police should not be allowed to rely on this obnoxious and oppressive act. The provisions in the CPC are sufficient for the police to deal with the GISBH.

‘Fiat justitia ruat caelum’

As a Muslim, I am always guided by the Quran 5:8 which says “...and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to piety (taqwa).”

In Islam, Prophet Muhammad used to render justice even to the Jews when the latter were unfairly accused by Muslims of committing a crime. It was a Muslim who perpetrated the crime.

One may also pore over the "asbabun nuzul" (the reasons for revelation) of the Quranic Verse 4:105 which reads: “Lo! We reveal unto thee the Scripture with the truth, that thou mayst judge between mankind by that which Allah showeth thee. And be not thou a pleader for the treacherous."

The verse was specifically revealed to Prophet Muhammad, instructing him to free the Jew who was falsely charged with a crime he never committed.

In his magnum opus “Islamic Law: Its Scope and Equity”, Said Ramadan told us in this verse that Prophet Muhammad was asked to give a judgment in favour of the Jew despite the fact that the relationship between the Muslims and Jews in Madina was exceptionally intense when the incident took place.

We can see that even in such a hostile environment, Muslims are still obligated to dispense justice. Ergo, the maxim "Fiat justitia ruat caelum” - “let justice be done though the heavens fall” is not foreign to Islam, it is duly embraced.

When the government proudly claims it is a Madani government, the use of Sosma has unfortunately tarnished such a noble name.

MOHAMED HANIPA MAIDIN is a former deputy minister of law.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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