An opposition motion to debate the Internal Security Act (ISA), under which five Hindu Rights Action Force (Hindraf) leaders were detained last week , could not move Dewan Rakyat Speaker Ramli Ngah Talib.

Bukit Gelugor MP Karpal Singh ( photo ), who is also DAP national chairperson, was told that the matter “lacks urgency” - one of the main planks for such a motion to succeed.

Ramli also said the five latest detainees - Hindraf legal adviser P Uthayakumar, lawyers M Manoharan, V Ganabatirau and R Kengadharan and organising secretary K Vasantha Kumar were being held under a prevailing law and therefore, the matter need not be debated.

Karpal, in the motion, argued that the five should not have been detained until at least the completion of the 60-day interrogation period. Typically, this precedes the signing of the detention order by the internal security minister, who bases the decision on the outcome of the investigations.

"They were detained without undergoing investigations under Section 73 of the ISA," said Karpal, who has himself been held previously under the dreaded law which allows for detention without trial for up to two years at a time.

"In the past, a person who has been detained under the ISA would be given a chance to explain himself, and the explanation will be made the basis (for signing) the detention order."

No explanation provided

He added that the Hindraf leaders had been denied the opportunity to provide an explanation over allegations that they had acted in ways contrary to ‘national security’.

Their detention orders took effect from the day they were picked up, and they were sent to the Kamunting detention camp in Taiping, Perak, by midnight.

Under Section 73(1) of the ISA, the police can detain any individual for up to 60 days without a warrant, trial and without access to legal counsel if he is suspected to have "acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof".

After 60 days, the minister can extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts, by issuing a detention order, which is renewable indefinitely.

Opposition parties and civil society groups have consistently criticised the use of the law.

Some years ago, the Human Rights Commission of Malaysia submitted a draft security law that takes into account national needs without violating fundamental human rights. It has been ignored to date.

Gobala out on bail

Meanwhile, PKR supreme council member N Gobalakrishnan, who was arrested in the early hours of the Nov 25 Hindraf rally, has been released on bail this morning.

He was charged on Dec 12 for causing damages to property and criminal intimidation at the Batu Caves temple when the police fired tear gas and chemical-laced water cannon to disperse the crowd which had gathered there.

While attorney-general Abdul Gani Patail had personally appeared in court to argue that Gobala be denied bail, the court however fixed bail of RM20,000 with one surety.

"Gobala decided to stay in detention in protest against the unusual high bail, and in solidarity with 31 (Hindraf) protesters who had been denied bail," said a press statement today.

"With the release of the (Hindraf) 31 (yesterday), Gobala accepted to be bailed out and freed from Sungai Buloh prison this morning."

Abdul Gani had yesterday decided to drop attempted murder charge against the Hindraf 31, all of whom were arrested during the police crackdown against the Batu Caves protestors.

However, 25 of them who faced the additional charges of causing mischief and illegal assembly, had pleaded guilty and will be sentenced next week.