DAP's Petaling Jaya Utara MP Tony Pua today challenged Youth and Sports Minister Khairy Jamaluddin to demand the release of Bersih chairperson Maria Chin Abdullah.

This was because Khairy had given an assurance that safeguards against abuse existed in the Security Offences (Special Measures) Act (Sosma) during the Dewan Rakyat debate on the Bill, Pua said.

Pua said Maria's arrest, for organising a peaceful rally demanding clean government and elections, showed the fears Khairy rubbished four years ago has materialised.

"The question now for the youth and sports minister is, will he now accept that he was over-zealous in his defence of the Sosma and Penal Code Amendment Bills and his confidence with the authorities’ interpretation of the Acts in the spirit that they were intended was badly misplaced?

"More importantly, will Khairy Jamaluddin do the honourable thing now to demand that Maria be immediately released because she has been wrongfully arrested?

"Or will he, more likely, keep his mouth shut and pretend that he had never said in Parliament that Sosma and the Penal Code Amendment Bills will not be used on peaceful assemblies or Bersih?" Pua asked.

Pua said opposition members had then "furiously" debated against the clause allowing the law to be used against "activities detrimental to parliamentary democracy".

However, Khairy assured the habeas corpus applications on the 28-day detention would allow the court to have oversight against abuse.

He also said the Bill, tabled by the prime minister was “on the side of civil liberties”.

"If we review in detail what was tabled by the prime minister, if we consider every safeguard presented by the prime minister, we can see clearly that the Bill tabled protects civil liberties, is on the side of civil liberties and is what has been demanded by (anti) ISA (groups) all this while," the Dewan Rakyat Hansard quoted Khairy Jamaluddin as saying on April 16, 2012.

Khairy, who was not a cabinet minister at the time, said the habeaus corpus allowance assures "there will be no more detentions without trial" under Sosma.

Responding to then opposition leader Anwar Ibrahim, he added that the term "activities detrimental to parliamentary demoracy" refers to actions to overthrow an elected government through "violence or unconstitutional means".

The Rembau MP also asked if Anwar seeking clarification on this means he supports the toppling of governments using unconstitutional means.

"Holding a peaceful assembly or Bersih rally is not detrimental to parliamentary democracy.

"They (the opposition) do not understand. A detailed definition is provided," the Hansard quotes Khairy as saying on April 17, 2012.

Responding to Tian Chua (PKR-Batu), he said even republicanism is not considered a Sosma offence if it does not lead to violent or unconstitutional toppling of government.

"If the republicanism is championed by overthrowing the present government in a unconstitutional violent way, this is what is meant (by activities detrimental to parliamentary democracy," he then said.

Malaysiakini has contacted Khairy for comment, but has yet to receive a response. His aide said the minister is unlikely to comment.

Sosma was passed to replace the Internal Security Act, which allowed detention without trial for those deemed to be undermining public order, for intervals of two years at a time.

However, the detention order is renewable indefinitely at the Home Minister's discretion.

Anti-ISA activist Syed Ibrahim Syed Noh in 2012 warned the Sosma superficially appears like an improvement to the ISA, but hides "unhealthy things".

Among his complaints are that once the court acquits a person of an offence under Sosma, the public prosecutor can make an oral application to the court to detain the person further until all avenues of appeal have been exhausted.

Maria was arrested on Friday, the eve of the Bersih rally which attracted at least 40,000 in Kuala Lumpur.

She filed a habeas corpus application against her detention today.

In a related development Selangor Menteri Besar Azmin Ali condemned the use of an anti-terrorism law to curb the exercise of fundamental liberties, which he said is evident in Maria's case, as both unwarranted as well as illegal and unconstitutional, adding his voice to calls for her release.

"Freedom to criticise the government and freedom to assemble are part and parcel of the fundamental rights of citizens guaranteed by the Federal Constitution.

"The fact that it is now used as a tool to stop the legitimate activities of Bersih further reinforces our belief that it is indeed intended to help the powers that be to hold on to power by illegitimate means," he said in a statement.

Meanwhile, Wanita Amanah hit out at authorities for subjecting Maria to solitary detention in a small cell without proper amenities, calling it "cruel and outside the bounds of human decency".

It also urged for her release and the repeal of Sosma.