No blanket immunity for misconduct under revised Prison Act, says Saifuddin


PUTRAJAYA: The government is meeting relevant stakeholders after proposed amendments to the Prison Act 1995 were referred to parliamentary select committees, Home Minister Datuk Seri Saifuddin Nasution Ismail says.

Speaking to the media after the Home Ministry's monthly assembly here on Monday (July 27), he said the amendments contained the word "protection" that needed to be discussed and explained further.

ALSO READ: Prisons Bill 2026 tabled in Dewan Rakyat 

"Some NGOs (and) members of Parliament believe this means the Prisons Department will be free from the law.

"For example, a department director being hit with legal action after a convict is caned and passes away.

"We know in this situation, a doctor will always be present to check, and the department is only carrying out the orders of the courts.

"So in this situation, I feel there is a need for amendments to be made.

"We will continue the engagement sessions to provide explanations to all stakeholders, because what I want to point out is that it is not only the Prisons Act; many other Acts in our country also contain similar provisions," he said.

ALSO READ: Proposed amendments to Prison Act to be referred to parliamentary select committees 

He stressed that this did not mean misconduct would be swept under the rug, as action would still be taken in such cases.

"For example, when Suhakam investigated a case in the prison in Kamunting, a police investigation paper was prepared and internal action was taken (while) legal action (was also) pursued. This demonstrates that there was absolutely no intention to seek immunity.

"Prison officers remain subject to legal action if negligence or any violation occurs," he said.

On June 25, Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah told the Dewan Rakyat that the government had agreed to send the Prison (Amendment) Bill 2026 back to the Parliamentary Special Select Committees on Security and on Human Rights, Elections and Institutional Reform before proceeding.

 

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