THE Madani government has revived the use of the controversial Special Offences (Special Measures) Act 2012 (SOSMA) despite promises of reform.
This was evident in Penang on Wednesday (Nov 27) when 11 mostly Indian men were arrested during “Operation Cantas”.
Conducted around 3am, the operation involved the Penang police criminal branch, assisted by the Bukit Aman crime division.
The detainees, primarily residents of Perai, are being held under SOSMA’s oppressive provisions which allow for a 28-day remand without trial for investigation.
Allegedly involved in illegal activities since 2020, their identities remain undisclosed. However, reliable sources indicate that all are Indians, raising concerns about racial profiling and targeting.
A return to dark ages?
While the Barisan Nasional (BN) government notoriously wielded SOSMA to silence dissent, the Pakatan Harapan (PH)-led Madani coalition had fostered hopes of its obsolescence.
The current reliance on SOSMA contradicts these expectations. Malaysia already possesses robust legal frameworks for charging and prosecuting criminals. Why then is there a need for an outdated law like SOSMA?
The similarities between SOSMA and the now-abolished Internal Security Act (ISA) cannot be ignored.
Both bypass fundamental legal rights, denying detainees due process. This reliance raises doubts about the competence of law enforcement despite the Malaysian police force being composed of educated and skilled officers capable of collecting evidence and prosecuting within the standard legal framework.
Perai with its high concentration of Indian voters (around 35%) played a pivotal role in supporting the PH coalition during the 2023 state elections.
Yet, the arrests now cast a shadow over this relationship. The silence of the DAP Perai state assemblyman on these arrests signals tacit approval, disappointing the very community that propelled him to power.
The Indian community has long been plagued by marginalisation and systemic discrimination. If those arrested have committed crimes, they must be tried under existing laws with evidence presented in court.
Call for action
Resorting to SOSMA perpetuates the narrative of oppression and exacerbates distrust among marginalised groups.
Did Home Minister Datuk Seri Saifuddin Nasution Ismail approve these SOSMA detentions?
Is Prime Minister Datuk Seri Anwar Ibrahim who champions himself as a global reformist aware of this regressive use of power?
The government’s promises of reform ring hollow as archaic laws like SOSMA continue to target vulnerable communities.
Reform should mean abolishing laws that undermine human rights, not perpetuating their use under a different administration.
I this regard, the United Rights of Malaysian Party (Urimai) calls for justice for the 11 detainees and their families. If evidence of their crimes exists, let it be presented in court under proper legal procedures. If not, they must be released immediately.
The continued reliance on SOSMA erodes trust in the justice system and pushes Malaysia further from the ideals of fairness and reform.
The police force must abandon archaic and inhumane practices. SOSMA belongs in the dustbin of history, not in the hands of a reform-minded government. – Nov 29, 2024
Former DAP stalwart and Penang chief minister II Prof Ramasamy Palanisamy is chairman of the United Rights of Malaysian Party (Urimai) interim council.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
