Law & Paneir

  THE calls by civil liberty movements in Malaysia to repeal security laws such as the Security Offences (Special Measures) Act 2012 (SOSMA), the Prevention of Crime Act (POCA) and the Prevention of Terrorism Act (POTA) have become a source of concern for the Government. Under the Part 2 of the Federal Constitution, Malaysians do enjoy the fundamental liberties like protection against retrospective criminal laws and repeated trials, equality and freedom of speech, assembly and association. The question is whether these liberties can be used to undermine the peace and security of this nation or not. I am strong believer of the rule of law. The law must protect the people. According to the World Justice Project’s definition of the rule of law is encompassed with accountability, just laws, open government and accessible and impartial dispute resolution. But for the hate preachers, terrorists and their sympathisers, the rule of law is irrelevant to them. They are in a different...

IN the last article, we spoke about how politicians should understand the importance of having counter-terrorism laws to combat the ever-evolving terror landscape. Here we will talk about how our neighbour and former imperial master, the UK, had carved up their own laws to deal with terrorists and their ruthless networks. Take Singapore for example, it has retained the Internal Security Act (ISA) as they insist the law is still relevant because it permits authorities to respond quickly and effectively to threats to the country’s security. The ISA is actually derived from Malaysian law, which Singapore retained after the Separation in 1965. Then-Malaysian prime minister Datuk Seri Najib Tun Razak abolished it in 2012 and replaced it with the Security Offences (Special Measures) Act (SOSMA), which grants detainees rights to file habeas corpus. As for Singapore’s ISA, Part II, Chapter II of the law grants the power of preventative detention, which is one of the most important elem...

  A MOTION to extend the enforcement of a sub-section of the Security Offences (Special Measures) Act (SOSMA) 2012 to continue the powers to detain suspects for up to 28 days without trial was defeated at the Parliament recently. The motion was defeated by 86 MPs from the opposition bloc, while 85 MPs voted in favour. The 50 MPs who did not vote included Pekan MP Datuk Seri Najib Razak, Bagan Datuk MP Datuk Seri Ahmad Zahid Hamidi and Pagoh MP Tan Sri Muhyiddin Yassin. They are all previous prime ministers and a deputy prime minister, which is interesting. They played a key role in the passage of this law at the Parliament. Their absence during the vote has sparked a lot of speculation and scepticism about their intentions. In essence, security laws are crucial to maintaining the peace and security of any nation. These laws have a purpose but the problem is always with those who are entrusted with enforcing them, not with the laws themselves. As a result, I’m perplexed as t...

AUTISTIC children, particularly adolescent autistics, face a number of myths and challenges. They are often labelled as having “a low IQ” and in extreme circumstances, as being unintelligent, unruly children and youth.   Unfortunately, the general public fails to recognise that these children are special, and that some of them are actually intelligent and gifted. Famed artistes and scientists such as Dan Aykroyd, Susan Boyle, Albert Einstein, Temple Grandin, Daryl Hannah, Sir Anthony Hopkins and Heather Kuzmich are just a few examples of renowned autistic persons. For instance, the former is a comedic actor who was expelled from two schools as a child before being diagnosed with Asperger’s Syndrome, a high-functioning form of autism.   The issues The question now is whether or not these Malaysian children are given proper recognition. Are their rights as citizens of this country fully respected? In recent years, the Government has taken a number of initiatives, inclu...

  WITH UMNO having its annual general assembly (AGM), an academic said that it looked like the party is all “locked and loaded” for the 15th general election.   “Just look at the statements made by UMNO president Datuk Seri Ahmad Zahid Hamidi. It’s very clear that they are prepared for the general election. “He even threw in innuendos and teased certain ‘recalcitrant’ leaders within his own ranks. Basically, UMNO’s old arrogance and confidence is back.   “The question now…is Pakatan Harapan (Pakatan) ready if snap polls are called?” Arunachala Research & Consultancy Sdn Bhd principal consultant R Paneir Selvam queried when contacted by FocusM.    In the last few days, UMNO delegates and leaders seem to be all fired up despite several UMNO delegates boycotting the event following their objection over Datuk Hasni Mohammad being by-passed by Datuk Onn Hafiz Ghani for the Johor menteri besar post.   In his speech, Zahid seemed to be all fired up a...

IN the last article, we spoke of how Ukrainian President Volodymyr Zelenskyy’s had ignored Russian President Vladmir Putin’s opposition to Ukraine formally joining the North-Atlantic Treaty Organization (NATO), which resulted in the current war.  Now, we will be talking on how the conflict had created a massive refugee crisis not seen in decades and how the European Union (UN) is bearing the brunt of the preventable conflict.  The conflict and refugees The United Nations High Commissioner for Refugees (UNHCR) has issued a warning that the humanitarian crisis that has engulfed Ukrainians is only getting started. It is estimated that over four million people would become refugees, with millions more displaced within Ukraine as a result of Russian offensive. Meanwhile, EU have announced that they will activate the temporary protection directive, which has been dormant since the wars in Yugoslavia and Kosovo in 2001.  Temporary protection, according to the European ...

  It’s always the same with these conferences…The Great Men don’t know what they’re talking about, and have to be educated.                                                  Sir Alexander Cadogan, Yalta, 6 February 1945 GREAT leaders are sometimes unable to grasp the true nature of a problem. What is going on in Ukraine right now is devastating. In any conflict, ordinary people, particularly women and children, are the primary victims.   More than two million Ukrainians have been forcibly displaced from their homes and have now become refugees. Families have been split from fathers, brothers and husbands. It is unclear whether they will be reunited with their families anytime soon.   Ukrainian authorities have instructed able-bodied men to remain to defend the country from the Russian aggression. According to reports in the media, Ukrainian m...

WITH Barisan Nasional (BN) in a euphoria over its win in the Johor state election, an analyst has cautioned the coalition over taking things for granted.  “The reason why BN won is not because the people love them but it’s due to the Opposition being weak. This is the same case in the UK between the Conservative Party and Labour Party. “Don’t think that the second state election win shows that the people are embracing BN back in their arms wholeheartedly,” Arunachala Research & Consultancy Sdn Bhd principal consultant R Paneir Selvam told FocusM.  Yesterday, BN won a two-thirds majority at the Johor state legislative assembly by securing 40 out of the 56 seats contested.  Pakatan Harapan only managed to win 12 seats while Perikatan Nasional only won three seats.  New kid on the block, the Malaysian United Democratic Alliance (MUDA) surprised analysts by winning one state seat, which is Puteri Wangsa. Elaborating on BN’s win, Paneir Selvam said there w...

IN the previous article, we discussed on Chief Justice of Malaysia Tun Tengku Maimun Tuan Mat stressed on the supremacy of the Federal Constitution over all other laws in Malaysia, including Syariah enactments.  This is due to the structure and foundation of nation’s Federal Constitution, given the country’s historical and philosophical background.  Here, we will dissect another famed judge’s report, Datuk Seri Mohd Hishamudin Yunus on the Federal Constitution and on why the argument that Malaysia is an Islamic country is not premised on reality, legally speaking.  Hishamudin, a former Court of Appeal judge Hishamudin, a former Court of Appeal judge, stated on Sept 10, 2020, in his article titled “Is Malaysia a Secular or a Theocratic State?” that Malaysia is a secular one, not a theocratic Islamic state, based on the Federal Constitution. He highlighted that when the then-prime minister Tun Dr Mahathir Mohamad declared Malaysia to be an “Islamic state” in 2001,...