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After 3 days of the earlier post, here am I again writting on whats happening to Malaysia.

Todays discussion on about whats happening to Malaysia is all about injustification of Malaysian selecting a Goverment.

1) 8th March 2008 – General Election and Barisan Nasional Won

2) 8th March 2008 – General Election – Opposition won 45 states

3) 26th August 2008 – DSAI won the election in Parmatang Pauh

4) 28th August 2008 – DSAI – Sworn in Parliament as A new Opposition Leader

5) 28th August 2008 – DSAI Officially announced the date that he is trying to step in to Putrajaya which is on 16th September

Okay thats about date and description. Lets talk about all of us as a Malaysian.

How bad do you feel when September 16th does not happen ? How frustrated you are when September 16th Does not happen ? How sad you were when September 16th does not happen ? How de-motivated you are when the September 16th did not happen ?

If you a single person feeling it such ? What do you think and how do you think a person that tries to do something for the entire human in Malaysia to move further for a better nation by making that September 16th happens ? How would you think that this one person that struggle all the way from 1997 – From Court to Jail, From Jail to ISA, and after being back from ISA and Jail yet still being charge on the same issue – so now again on and off to court and home. Even during this one tough time this one person has not given up till this very second you are reading it….

Now how does that sounds ? Do you feel like making it hard or harder for this one person to build a good nation or do you feel like to be with him as a his back bone and one voice for a better nation ???

I am leaving it to you guys – I have a lot more to write but time does not permit… will continue with part 3 soon

Sessions Court Judge SM Komathy Suppiah has set Oct 7 to deliver her decision on whether to transfer the sodomy trial of Datuk Seri Anwar Ibrahim to the High Court.

Its been a great month of decision. After a tough fight the current Goverment managed to keep their ruling for next 4 or 5 years.  But the good news.. we have almost equal rights in Parliament.

The Internal Security Act 1960 (ISA) is a preventive detention law in force in Malaysia. Preventive detention was inherited by Malaysia as part of the colonial baggage that the British left behind. Malaysia is one of the few countries in the world whose Constitution allows for preventive detention during peacetime without safeguards that elsewhere are understood to be basic requirements for protecting fundamental human rights. Article 149 of the Malaysian Constitution under which a person may be detained is characterised by subjective language. Such terms as ‘substantial body’, ‘substantial number’, ‘cause to fear’, ‘excite disaffection’, ‘promote feelings of ill-will and hostility’, all embody wide areas of discretionary interpretation. Preventive detention first became a feature of the then Malaya in 1948 primarily to combat the armed insurgency of the Malaysian Communist Party. The Emergency Regulations Ordinance 1948 was made, following the proclamation of an emergency, by the British High Commissioner Sir Edward Gent. It allowed the detention of persons for any period not exceeding one year. The Emergency Regulations Ordinance 1948 was primarily made to counter acts of violence and, conceivably, preventive detention was meant to be temporary in application. The emergency ended in 1960 and with it ended the powers contained in the Emergency Regulations Ordinance 1948 as it was repealed. The power of preventive detention was however not relinquished and in fact became an embedded feature of Malaysian law. In 1960 itself, the government passed the Internal Security Act under Article 149 of the Malaysian Constitution. It permitted the detention, at the discretion of the Home Minister, without charge or trial of any person in respect of whom the Home Minister was satisfied that such detention was necessary to prevent him or her from acting in any manner prejudicial to national security or to the maintenance of essential services or to the economic life in Malaysia. The ISA is one of the most controversial Acts enacted under Article 149 of the Malaysian Constitution. Section 8(1) of the ISA provides that ‘(i)f the minister is satisfied that the detention of any person is necessary …’ then s/he may issue an order for his/her detention. The three grounds given in Section 8(1) upon which the order may be based is where a person has acted in any manner prejudicial to the:

a) Security of Malaysia or part thereof; b) Maintenance of essential services; and, c) Economic life.

The power to detain seems to be restricted by section 8(1) to a period not exceeding two years but the restriction is really illusionary because, by virtue of section 8(7), the duration of the detention order may be extended for a further period not exceeding two years and thereafter for further periods not exceeding two years at a time. The extension to the detention order may be made on the same ground as those on which the original order was based or on different grounds. In delivering the judgment of the Court, Steve L.K. Shim CJ (Sabah & Sarawak) in Kerajaan Malaysia & 2 Ors. v Nasharuddin bin Nasir (2003) 6 AMR 497 at page 506, has accepted that under section 8 of the ISA the Minister has been conferred powers of preventive detention that ‘can be said to be draconian in nature’ but nevertheless valid under the Malaysian Constitution. In addition preventive detention is also now allowed by the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969. The Human Rights Commission of Malaysia (SUHAKAM) has recently recommended that the ISA be repealed and replaced by new comprehensive legislation that, while taking a tough stand on threats to national security (including terrorism), does not violate basic human rights.

Article 151 of the Malaysian Constitution gives to any person detained without trial (under the special powers against subversion) certain administrative rights. By the terms of Article 151 the authority, on whose order a person is detained, shall, as soon as may be, inform the detainee of the grounds of detention and the allegations of fact on which the order is based. The detainee shall also be given an opportunity within three months, of making representations against the order to an Advisory Board . The Advisory Board as the name implies is not a court. Its determinations are also mere recommendations that the government is under no obligation to accept. It may also be handicapped in its deliberations by the discretionary power of the government to withhold facts, the disclosure of which would, in the executive’s opinion be against national interest.

Any person may be detained by the police for up to 60 days without trial for an act which allegedly threatens the security of the country or any part thereof. After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus permitting indefinite detention without trial. In 1989, the powers of the Minister under the legislation was made immune to judicial review by virtue of amendments to the Act, only allowing the courts to examine and review technical matters pertaining to the ISA arrest.

Since 1960 when the Act was enacted, thousands of people including trade unionists, student leaders, labour activists, political activists, religious groups, academicians, NGO activists have been arrested under the ISA. Many political activists in the past have been detained for more than a decade.

The ISA has been consistently used against people who criticise the government and defend human rights. Known as the “white terror“, it has been the most feared and despised, yet convenient tool for the state to suppress opposition and open debate. The Act is an instrument maintained by the ruling government to control public life and civil society.

Jelo has finally gave birth to twins after 4 years long awaited period. Jelo got married in 2004 with Marc Anthony. Thats like 5 years ago. But the long awaited period works well when she actually gave birth to twins and this would be her first experince and first kids for her.

Wish you all the best and may this kids grows with blessings. Not like other peoples who cant even care for a kid and dump in a plastic bags. Congrats to you Jelo.. way to go…