22 Oct, 2008
By LISA GOH in The Star
SHAH ALAM: If Malaysia Today editor Raja Petra Raja Kamarudin had insulted Islam, he should have been dealt with by the Selangor religious authority, the High Court heard.
His lead counsel Malik Imtiaz Sarwar argued that it was questionable as to whether the Home Minister could order Raja Petra’s two-year detention under the Internal Security Act (ISA).
“On this ground alone the detention ought to be declared unlawful.
“Issues pertaining to matters of Islam are within the purview of the state governments, save for the Federal Territories of Kuala Lumpur and Labuan,” he said on Wednesday during an application for a writ of habeas corpus seeking the release of Raja Petra.
The Home Minister was named as the sole respondent.
Malik Imtiaz said that as Raja Petra resided in Selangor, it was clear that the Federal Government had no authority over the matter.
“Whether Raja Petra had insulted Islam is a matter within the exclusive domain of the Selangor religious authorities,” he argued.
The Malaysia Today editor was detained on the grounds that he had “intentionally and recklessly published articles which were critical and insulted Muslims, the purity of Islam and the personality of Prophet Muhammad.”
He was also detained for allegedly publishing articles concerning national leaders which were defamatory with the intention of undermining confidence and inciting hatred against the Government which could affect public order and prejudice national security.
Malik Imtiaz also submitted that the detention was unconstitutional -- as it contravened the Federal Constitution which guaranteed Raja Petra his rights to freedom of speech and expression, and to profess and practise his religion -- and was therefore void.
The Ministry’s Legal Adviser Abdul Wahab Mohamad argued that under Section 8 of the ISA, the onus was for the detainee to prove that the authority had not complied with the procedural requirement.
He added that it was clear that the Parliament had provided the power to the Minister to make the detention order without having to consider the police investigation process.
“Therefore, the detention order is valid and in accordance with the law,” he said.
Present in court for the hearing was Raja Petra’s wife Mable @ Marina Lee Abdullah, their two daughters Suraya and Sarah, and dozens of supporters who had turned up clad in t-shirts emblazoned with slogans such as “I’m with RPK”, “No to ISA” and “No Holds Barred.”
Justice Syed Ahmad Helmy Syed Ahmad set Nov 7 for the decision.
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