PETALING JAYA: Several groups have expressed concern over the National Security Council Act 2016 which has now come into effect, saying it gives very far-reaching powers to a small group of people.
Lawyers for Liberty Executive Director Eric Paulsen said there was no justification for the wide-ranging powers given to the council.
“The new law is more suited to dealing with Communist-era type of armed insurgencies where you have a big armed group trying to take over large territories,” he said.
Paulsen said there were enough laws to deal with current security threats such as the Islamic State terror group. These current laws include the Prevention of Terrorism Act (Pota) and the Security Offences and Special Measures Act (Sosma).
Paulsen added that some of powers granted to the council appeared similar to those granted to the Yang di-Pertuan Agong in proclaiming a state of emergency.
Amnesty International said the new law would grant the authorities the power to carry out warrantless arrests, search and seize property, and impose curfews.
“With this new law, the Government has spurned checks and assumed potentially abusive powers,” said Josef Benedict, Amnesty International’s deputy director for South-East Asia and the Pacific.
The Pakatan Harapan presidential council urged the Act to be put on hold. In a statement, the council said the request by the Conference of Rulers to review the Act’s controversial provisions must be honoured.
The Act became law on June 7 but did not obtain express Royal Assent, unlike other Bills passed by Parliament.
The Bill was deemed to have received royal assent without any amendments at the end of the 30-day period by which the Yang di-Pertuan Agong would have to give his assent.
“The constitutional separation of military power from the office of the Prime Minister must be upheld in order for Malaysian democracy to be safeguarded for generations to come,” said the statement which was signed by PKR president Datuk Seri Dr Wan Azizah Wan Ismail, DAP acting national chairman Tan Kok Wai and Amanah president Mohamad Sabu.
Minister in the Prime Minister’s Department Datuk Seri Azalina, when asked about the Act, said it was up to the NSC to speak on the matter.
In a statement on July 27, Datuk Seri Najib Tun Razak said the Act had been deliberately misinterpreted and was not the same as a declaration of national emergency.
The Prime Minister said the national emergency powers remained with the King and that Parliament would remain sitting with oversight on any security area declared.
“We were criticised for passing these laws, including by some who fear-mongered for political reasons,” Najib explained in his statement.
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