Maria: Laws must comply with Federal Constitution


PETALING JAYA: The night before the Bersih 5 rally in 2016, Maria Chin Abdullah, then chairman of Bersih 2.0, was arrested under the Security Offences (Spe­cial Measures) Act 2012, known as Sosma.

For 11 days, she was held without bail, accused of plotting a “colour revolution” to undermine parliamentary democracy, char­ges of which she denied.

She said she was held without evidence and denied a fair trial.

“It was a stark reminder of how Sosma can be weaponised to silen­ce dissent,” she said.

Maria was also detained under Section 124C of the Criminal Procedure Code for allegedly engaging in activity “detrimental to parliamentary democracy”.

“As someone who was arrested and charged under Sosma, I strong­ly condemn any attempt to defend or amend this cruel legislation,” she added.

In the report by the Parlia­men­tary Special Select Committee (PSSC), it cited her case, alongside the detentions of activists Lim Kian Aik and R. Nathan in 2020, Datuk Seri Khairuddin Abu Hassan in 2015, and an unnamed teenager held for two years starting in 2019.

In 2020, Lim and Nathan were detained under Sosma over ­alle­ged sabotage of Selangor’s water services. Both were held without bail. The Court of Appeal later found the charges fell outside Sosma’s remit and ordered them dropped.

In 2015, Khairuddin, a vocal critic of the 1Malaysia Deve­lop­ment Bhd (1MDB) scandal, was detained under Sosma.

In the case of an unnamed 18-year-old detained in Petaling Jaya in 2019, the PSSC report said the teenager remained in custody for two years, far exceeding normal limits under criminal law, with minimal court oversight.

The committee recommended tightening provisions that allow detention for up to 28 days without judicial oversight and restrict access to bail, emphasising the need to restore judicial discretion and prevent abuse of power.

It also highlighted the law’s human cost which included psychological strain, financial hardship and limited legal access for detainees and their families.

Maria said Sosma bypasses the courts, undermines the rule of law and inflicts harm on indivi­duals and their families.

“When I became a Member of Parliament in 2018, I recalled the parliamentary debate in which Datuk Seri Dr Ahmad Zahid Hamidi, who is then in the opposition, defended the continuation of Sosma in the name of national security.

“Ironically, eight years later, PKR, the very party that once called for Sosma’s repeal, is now justifying and seeking amendments to this draconian law, claiming it is necessary to balance security concerns with efforts to combat terrorism and organised crime,” she added.

Maria said any law must comply with the Federal Constitution and goes in line with transparency, accountability and justice.

“Piecemeal amendments to Sos­ma are futile – like trying to make a rotten egg edible,” she said.

This, she added, echoed the challenge raised by Pasir Gudang MP Hassan Abdul Karim in Par­lia­ment that the government has yet to prove that existing laws are insufficient to address these threats.

Follow us on our official WhatsApp channel for breaking news alerts and key updates!
taymaria261225

Next In Nation

Johor polls: Clear skies mark start of early voting
Cops seeking witnesses to fatal hit-and-run on Kajang highway
AirBorneo opens ticket sales for Kuala Lumpur route
Thunderstorms and heavy rain forecast for Sarawak and Sabah until 9am
PM Anwar sends good wishes to Johor early voters
24,751 early voters head to Johor polls
Kamal Adli urges fans to drop his ex-wife a birthday wish
A swift end to RM81mil illegal bird’s nest ring
JPJ goes after airport touts targeting foreign visitors
Finding Fido a fur-ever home

Others Also Read