SHAFEE: SOSMA SHOULD BE REPEALED
It is a draconian law that takes away the court’s judicial power, says lawyer
THE Security Offences (Special Measures) Act 2012 or Sosma introduced by the previous government six years ago is a draconian legislation that robs the court of its judicial power.
In voicing his support for Sosma to be repealed, lawyer Tan Sri Shafee Abdullah described it as a “rarest legislation” with no safeguards against police abuse and brutality.
“The act has given the police a carte blanche (unrestricted authority) to indulge in corrupt practices.
“It is one of the rarest legislations that rob the court of its judicial power by not allowing bail to accused persons unless the prosecution consents to it.
“Since when the prosecution controls the judiciary (judicial system)?” he asked yesterday.
He was responding to the announcement by Prime Minister Tun Dr Mahathir Mohamad that Sosma would be repealed as it allowed the government to arrest anyone without going to court.
Shafee said he and his colleagues were the only lawyers, who had challenged the constitutionality of Sosma, including its existence.
“Unfortunately, the Court of Appeal is taking too long to hear the matter.
“Ironically, when we challenged Sosma, none of the practising lawyers in the current administration shared our view.
“I am glad the prime minister, a non-lawyer, sees the injustice brought about by the act,” he said, adding that even the Attorney-General’s Chambers did not see the unfairness of the legislation.
The announcement by Dr Mahathir drew mixed response from politicians and experts.
Umno president Datuk Seri Dr Ahmad Zahid Hamidi feared the move would lead to an increase in racial and religious provocations as irresponsible parties might incite and create tension.
He said people would no longer feel safe in such a situation.