He said criminal investigation on the 27 has been completed and the need to detain them under the Internal Security Act was to enable the police to complete investigations into the security and intelligence aspects following the arrest of 35 other members of the Al-Ma置nah group under the Internal Security Act.
Norian expects the 27 Al-Ma置nah members to be detained under the ISA "for a maximum of two weeks" and that they would then be taken to court to answer the criminal charges against them including kidnapping and murder.
The ISA detention of the 27 Al-Maunah arms raiders and hostage takers and killers who surrendered after the five-day stand-off at Bukit Jenalik on July 6, 2000 so that the police could complete investigations into the 35 other Al-Ma置nah members is an unlawful, gross and unprecedented abuse of the ISA, the most oppressive and draconian law in the land.
In invoking Section 73 of the ISA to detain the 27 Al-Ma置nah members for a maximum of two weeks so that the police could complete investigations into the other 35 Al-Ma置nah members detained under the ISA, the police have acted in mala fide and illegally, as Section 73 was never meant by Parliament to empower the police to undertake ISA arrests so as to allow the police to complete investigations into other ISA detainees.
Section 73 of ISA reads:
(1) Any police officer may without warrant arrest and detain pending
enquiries any person in respect of whom he has reason to believe -
The police has failed to meet the first requirement in Section 73(1) as to justify the use of the ISA, which is to enable the Home Minister to exercise powers under Section 8 of the ISA to order the detention of persons without trial of up to two years to prevent any person from acting in any manner prejudicial to the security of Malaysia.
However, in this particular case, Section 73 is being illegally invoked as Norian Mai has made it very clear that there will be no detention to ground any ISA detention under Section 8 as the 27 would be detained "for a maximum of two weeks" and that they would thereafter be charged for various offences, including kidnapping and murder.
In such a case, Section 73 of the ISA cannot apply in the case of the 27 Al-Ma置nah members and the detention of the 27 Al-Ma置nah members are illegal and unlawful as being made mala fide.
The Attorney-General, Tan Sri Mohtar Abdullah should advise the Police on the illegality in the use of the ISA to detain the 27 Al-Ma置nah members "for a maximum period of two weeks" to enable the police to complete investigations into the other 35 Al-Ma置nah members arrested under the ISA, which cast a serious reflection on the competence, professionalism and commitment to the rule of law of the Police Force as well as setting a dangerous precedent for future misuse of the ISA for police investigations.
The 27 Al-Ma置nah arms raiders and hostage-takers and killers should be charged in court without any further delay and released under the Internal Security Act.