Powerless* - Nelly Furtado

So Tan, the reporter has been released - she was ARRESTED and DETAINED kononnya for her own protection, despite the Home Minister admitting that she has not done anything wrong. The question i asked (see here) among others is does it mean that her life is no longer under threat?

Further, i would like to submit that the police had acted ultra vires when arresting Tan under section 73 of the ISA. This mean that they acted outside the scope of their powers. They were powerless to arrest and detain her but yet they still did so.

Let us look at section 73:-

"Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."

Do note first that any police officer can arrest and detain under this section - yes even the one who asked you for a bride the other day, and the other one who was rude to you. On what grounds? 2 grounds:-

1. If the said arresting police has reason to believe that there are grounds which would justify a detention under section 8.

AND

2. If the person arrested has acted or is likely to act in a manner prejudicial to:-
(a) The security of Malaysia or any part thereof
(b) maintenance of essential services in M'sia
(c) the economic life of M'sia.

Kindly note that for the first ground, the arresting officer need not have any grounds - he just has to believe there are grounds!!!!!

We don't even need to look at section 8. Just look at the 2nd ground. Has Tan acted or is likely to act in a manner as provided under section 73? I would humbly submit no! The Home Minister himself admitted that she did not do anything wrong!

So if that's the case, how can the police arrest and detain her under section 73? Section 73 does not give them the power to arrest and detain in order to protect the person arrested from threats. As such, the police has clearly acted ultra vires! Tan should sue them and the government of M'sia for false imprisonment!

Is M'sia the only place in the world where the police ARRESTS AND DETAINS citizens WHO DID NOT DO ANYTHING WRONG just to protect them????

Yet, having said it all, i must remind meself to remain calm. And i hope that the rest of the country will be like me - outraged at the things happening but remaining calm.

*Song that was co-written by Nelly regarding how she was discriminated against by her record company.