Those detained under the new anti-terrorism law will be able challenge their arrest in court, unlike under the Internal Security Act (ISA) which it will replace, assured premier Najib Abdul Razak.

NONE "They are free to file for writ of habeas corpus on the reason and means of their arrest,” he told the Dewan Rakyat today.

"In short the power of judicial review has been returned to the courts, unlike in the ISA where habeas corpus is only applicable to the means of arrest."

He said this when tabling the Security Offences (Special Measures) 2012 Bill.

Najib said a committee will be formed to monitor its implementation, continuously study the law and amend it if necessary.

As a safeguard, Najib said the Bar Council president and Human Rights Commission chairperson are to sit on the panel.

Praise for ISA

Najib reiterated that Section 4(3) of the Bill states that the law cannot be used to arrest anyone for their political activities or affiliations.

He had praise for the ISA as a 'guardian of parliamentary democracy'.

"Ironically the law called ‘draconian’ has ensured that democracy, human rights and human dignity are protected in Malaysia compared to the alternative if the country were administered under a communist dictatorship," he said.

He repeated, however, that the government is aware of the need to change and will continue to do so as the age of ‘government knows best’ is over.