By Baradan Kuppusamy KUALA LUMPUR, Nov 7 - The landmark decision to free Malaysia Today editor Raja Petra Kamarudin is a major victory for free speech, judicial independence and a blow to the Internal Security Act (ISA) considered by many Malaysians to be a draconian law.
Specifically, the judgment is a slap on the face of Home Minister Datuk Seri Syed Hamid Albar whose cavalier attitude towards using the ISA in recent months was unprecedented.
Sin Chew Daily journalist Tan Hoon Cheng was arrested under the ISA on Sept 12 allegedly for her own protection but was soon freed following a public uproar.
The same happened to Seputeh MP Teresa Kok who was also arrested the same day for allegedly threatening "national security" but was released a week later.
Syed Hamid came under intense public criticism for these "cavalier" arrests and now the court has delivered another blow in its judgment rejecting the minister's arguments that Raja Petra had threatened "national security" and therefore needs to be put away.
Taken together - the arrest, release and today's judgment - are blunders that have seriously damaged the credibility of the government.
The judgment is also a blow to Section 8 of the ISA which says courts cannot question the discretion of minister in arresting anyone under the ISA, virtually giving licence to the authorities to arrest anybody with impunity under the "national security" blanket.
By freeing Raja Petra, High Court Justice Syed Ahmad Helmy Syed Ahmad agreed with counsel Malik Imtiaz's arguments that the Constitution empowers the judiciary to question any act of abuse by the authorities.
Syed Ahmad ruled that Raja Petra's arrest for allegedly causing racial tensions was unlawful, holding that the Home Minister had acted outside his powers.
The grounds for the arrest were "insufficient" and unlawful, he said.
Raja Petra, who was accused of threatening public security and causing racial tension by publishing writings that ridiculed Islam, also faces a sedition charge in relation to his posting of articles linking Prime Minister-designate Datuk Seri Najib Razak with the murder of Mongolian Altantuya Shaariibuu.
"It is a historic ruling," said Malik.
Malik had argued that the grounds of his detention given by the minister were incredible, unacceptable and should be rejected.
He also argued that the detention infringed on Raja Petra's freedom to profess and practice Islam under Article 11 and as such his writings were an expression of his faith and conscience.
Furthermore, he said that the Minister had acted with mala fide to silence Raja Petra who was only a vocal critic of the government but whose writings never caused chaos or threaten "national security."
The legal aspects aside, Raja Petra's release is expected to impact on national politics as well.
He is expected to invigorate and boost the opposition ranks with his spicy writings and constant revelations of government misdeeds.
Raja Petra is said to be worth at least a queen in the chess game between arch rivals - opposition leader Datuk Seri Anwar Ibrahim and Deputy Prime Minister Najib - to succeed as prime minister of the country.
When Anwar was jailed on the first sodomy charge in 1999, it was Raja Petra who kept the Anwar-cause alive - domestically and internationally - with his Free Anwar campaign.
Raja Petra was also among the first few who sensed or knew that Anwar was about to be released in September 2004.
He was astute enough to read the future, quickly abandoning the Free Anwar campaign and setting up the Malaysia Today website, positioning himself as a key power broker in the emerging Abdullah-era.
With his multimedia skills, political astuteness and storytelling powers, he turned Malaysia Today into a powerful new weapon against opponents.
His powers, through Malaysia Today, to influence public opinion is phenomenal and was one key reason many thought he was put away.
But now that he is free expect the fireworks again.
From: http://www.themalaysianinsider.com/
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Prominent Malaysian blogger released from prison
AgenciesPublished: November 07, 2008, 12:19
Kuala Lumpur: Malaysian authorities freed the editor of an anti-government news Web site Friday after a court decided that his arrest under a law allowing indefinite detention was illegal.
High Court Justice Syed Ahmad Helmy Syed Ahmad ruled that the home minister acted outside his powers in having Raja Petra Kamaruddin detained September 12 for allegedly causing ethnic tensions.
Five hours later, a weary-looking Raja Petra was brought from a prison camp in northern Malaysia to the court in Shah Alam city near Kuala Lumpur, where he embraced his tearful wife and daughters after being formally released.
"I'm really glad it's over. I'm really tired. The judge's decision proves there is no justification for my detention," Raja Petra told reporters.
The government has accused Raja Petra, 58, of threatening public security and causing ethnic tension by publishing writings that ridiculed Islam in the Muslim-majority country.
He has infuriated authorities by publishing numerous claims of alleged wrongdoing by government leaders on his highly popular Web site, Malaysia Today.
The government has denounced most of Raja Petra's allegations as lies. He is also on trial in a separate case in which he has been accused of sedition by implying that Deputy Prime Minister Najib Razak was involved in the murder of a Mongolian woman. If convicted, he faces up to three years in jail.
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