IT IS time the Internal Security Act (ISA) that was passed in 1960 during the Emergency be reviewed. Even though the Emergency is over, it has been argued that the ISA is still necessary as a safeguard against future possibilities of armed subversion.

No one is likely to question the necessity of having effective laws to safeguard the security and safety of our country.

However this does not mean that the ISA that was passed in 1990 to cope with the Emergency that existed then should not be reviewed now, to incorporate sufficient safeguards to prevent the possibility of its abuse.

Section 8 of the ISA specifically prohibits the courts from exercising their inherent jurisdiction of judicial review of executive acts and decisions made under the ISA.

Restoring the inherent powers of judicial review to the courts will allow the courts to closely examine and ascertain as to whether executive decisions taken under the ISA have been made strictly in accordance with the letter and spirit of the legal requirements provided the ISA (and also in the case of other similar Acts such as the Official Secrets ‘Act where the court’s power of judicial review has been excluded). Restoring the court’s power of judicial review will in no way diminish or compromise the power of the ISA in effectively dealing with genuine threats to national security.

The ISA will continue to be effective in safeguarding the nation’s security but without the fear of it ever being abused.

M.G. DEVA,
Kuala Lumpur.

Source: The Star – March 17, 2008