RPK Free: Court Orders Raja Petra’s Release
God heard the prayers of the righteous. The truth shall always previal! You can’t work in the dark, God will expose it in the light.
Now that RPK is free, let’s continue to keep the candles burning and expect the release of the Hindraf Five and all ISA detainess. And most of all. the Abolishment of ISA!
Now we like to hear what the Home Minister got to say. He goes beyond his power. I wonder is it possible to sue the Home Minister for making an illegal detention?
Syed Ahmad Helmy said there was no relevance for the minister to issue the order against Raja Petra on the basis of mala fide.“Following this, the court finds there is a procedural non-compliance as stated under Section 8(1) of the ISA based on the minister’s affidavit.
“Hence the court finds the minister had acted ultra vires (beyond his powers) in issuing the detention order under the ISA section. For example, the minister cannot issue an order if a person has in bad faith decided to colour his hair red.
“Following this, the court is allowing the plaintiff’s application and order for his release,” the judge said.
Raja Petra’s lawyer Malik had said during submissions earlier that the court has jurisdiction to scrutinise the detention order, to determine if it was made in bad faith.
“This is not a situation like Jemaah Islamiyah or communists. This is just a man whom the government thinks can bring it down to its knees,” the counsel had argued.
Read more from Malaysiakini here.
November 7th, 2008 at 12:42 pm
Did I get it right?
I just read “He said that the Home Minister had not followed the proper procedure under Section 8 of the ISA to issue the detention order against Raja Petra”
Then what the Home Minister got to say?? Really curious what Syed Hamid Albar will come out with to defend himself… let’s see!!