FMT:
Ramkarpal warns Saifuddin against reviewing remand laws after Chow Kit raid
The DAP MP also cautions the home minister against pre-judging those arrested, saying this could compromise the integrity of police investigations
Bukit Gelugor MP Ramkarpal Singh said changes to the remand laws can weaken key constitutional safeguards. (Bernama pic)
PETALING JAYA: Bukit Gelugor MP Ramkarpal Singh has criticised home minister Saifuddin Nasution Ismail’s call to review remand laws following the recent police raid on a health club in Chow Kit suspected of hosting immoral activities.
Ramkarpal, of DAP, warned that such changes could weaken key constitutional safeguards.
He said the 24-hour requirement under Section 117 of the Criminal Procedure Code, which mandates that a detainee be brought before a magistrate within a day of his or her arrest, is an essential safeguard against abuses of process and protects detainees’ right to liberty under Article 5 of the Federal Constitution.
“Increasing that remand period due to police incompetence, among other reasons, is ill-advised and ought to be dismissed outright.
“It is unclear if Saifuddin has consulted with other stakeholders apart from the police before announcing that a review of such laws is needed.
“If he has not, he should refrain from publicly making such comments,” Ramkarpal, a lawyer by training, said in a statement.
His remarks came after Kuala Lumpur police chief Fadil Marsus said the magistrate rejected the remand application for the 171 people arrested during last Friday’s raid as it was submitted late.
Fadil cited delays arising from the large number of arrests and the need to process each case individually.
Yesterday, Saifuddin said the government was considering a review of existing legislation following the release of the 171.
He said shortcomings in the law had hampered enforcement agencies when dealing with complex, large-scale operations such as the one in Chow Kit, reported New Straits Times.
He also said those arrested were involved in immoral activities, a stance which Ramkarpal said was inappropriate.
“Such comments, made without the benefit of proper investigations, are clearly an affront to the principle that one is innocent until proven guilty,” said Ramkarpal.
“The home minister should know better than to make remarks that could be detrimental to the integrity of the investigation process.”
Ramkarpal also addressed reports that an administrative and diplomatic officer detained in the raid had been instructed to resign immediately.
He said this was against Article 135(2) of the Federal Constitution, which states that a public officer must be given a reasonable opportunity to be heard before being dismissed or reduced in rank.
He noted that none of the detainees had been charged, let alone convicted, and warned the government against setting a precedent that encourages arbitrary dismissal of civil servants without due process.
“Due process is, and must remain, one of the cornerstones of any democracy,” he said.
Ramkarpal, of DAP, warned that such changes could weaken key constitutional safeguards.
He said the 24-hour requirement under Section 117 of the Criminal Procedure Code, which mandates that a detainee be brought before a magistrate within a day of his or her arrest, is an essential safeguard against abuses of process and protects detainees’ right to liberty under Article 5 of the Federal Constitution.
“Increasing that remand period due to police incompetence, among other reasons, is ill-advised and ought to be dismissed outright.
“It is unclear if Saifuddin has consulted with other stakeholders apart from the police before announcing that a review of such laws is needed.
“If he has not, he should refrain from publicly making such comments,” Ramkarpal, a lawyer by training, said in a statement.
His remarks came after Kuala Lumpur police chief Fadil Marsus said the magistrate rejected the remand application for the 171 people arrested during last Friday’s raid as it was submitted late.
Fadil cited delays arising from the large number of arrests and the need to process each case individually.
Yesterday, Saifuddin said the government was considering a review of existing legislation following the release of the 171.
He said shortcomings in the law had hampered enforcement agencies when dealing with complex, large-scale operations such as the one in Chow Kit, reported New Straits Times.
He also said those arrested were involved in immoral activities, a stance which Ramkarpal said was inappropriate.
“Such comments, made without the benefit of proper investigations, are clearly an affront to the principle that one is innocent until proven guilty,” said Ramkarpal.
“The home minister should know better than to make remarks that could be detrimental to the integrity of the investigation process.”
Ramkarpal also addressed reports that an administrative and diplomatic officer detained in the raid had been instructed to resign immediately.
He said this was against Article 135(2) of the Federal Constitution, which states that a public officer must be given a reasonable opportunity to be heard before being dismissed or reduced in rank.
He noted that none of the detainees had been charged, let alone convicted, and warned the government against setting a precedent that encourages arbitrary dismissal of civil servants without due process.
“Due process is, and must remain, one of the cornerstones of any democracy,” he said.
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