The Malaysian Bar Council reiterated its call for the repeal of the Internal Security Act (ISA) following a controversial proposition by de facto law minister Dr Rais Yatim to curb judicial scrutiny of the reasons for detention under the law.

Bar Council chairperson Mah Weng Kwai ( photo ) said the failure on the part of the government to repeal the ISA is a matter of grave concern since decisions by the executive must be supported by reasons that can be substantiated by evidence.

"Attributing a laissez faire attitude to the judiciary in this instance and curbing judicial scrutiny as a response will effectively reduce the scope of judicial review and is tantamount to a reactionary onslaught on the credibility and independence of the judiciary," he said in a press statement yesterday.

On Sunday, Rais ( photo ) was reported as saying the laissez faire ( sic ) attitude of the courts towards security matters has to be addressed after a high court judge ordered the release of a suspected member of the Jemaah Islamiah, an organisation suspected of carrying out the Bali bomb blast.

Nasaruddin Nasir ( photo ) was arrested under the ISA on April 17 along with 14 others but the court ordered his release last Friday on the grounds that there was no evidence against him.

However, he was re-arrested the next day under the same act and ordered to serve two years in the Kamunting Detention Centre in Taiping, Perak.

Damaging repercussions

According to Mah, while the Bar Council agrees that the government must adopt a firm stand towards persons who pose a threat to national security, the method by which the initiatives are carried out must be equally firm in adherence to fundamental human rights norms.

He pointed out that apart from the ISA which allows for detention without trial, there are ample provisions under the Penal Code, Criminal Procedure Code and other related laws which empower authorities to arrest, remand and investigate alleged offenders while affording the necessary safeguards to protect constitutional rights.

"When detainees are released and promptly re-arrested under the ISA, the right to legal advice and access to court is proved illusory in practice.

"Such action (by the executive) circumvents the conclusion of due legal process," he said.

In addition, Mah said the persistence of the government in applying the ISA and its intention now to remove the discretionary powers of the court may encourage further inroads in limiting judicial review of other important government decisions.

"What is certain is that such a decision, if passed, will have serious and damaging repercussions on the function of the court as a respected institution of justice and a third institution in the separation of powers structure," he said.