No need for ‘repressive’ laws in dealing with temple riot issue
KUCHING: The Pakatan Harapan ( PH) government must not follow in the footsteps of the previous administration in using repressive laws to deal with recent events surrounding the Sri Maha Mariamman Temple.
In giving this advice, National Human Rights Society ( Hakam) secretary- general Lim Wei Jiet noted that the federal Cabinet had decided to withdraw the moratorium on several Acts in order for the police to probe the mentioned events.
These Acts are the Prevention of Crime Act (Poca), Prevention of Terrorism Act (Pota) 2015, Security Offences ( Special Measures) ( Sosma) Act 2012, Sedition Act 1948 and Section 233 of the Communications and Multimedia Act (CMA) 1998.
“Hakam fully supports the government’s intention to restore peace and public order, and for those who incite hatred and rioting to be punished under the law. The continued use of these obnoxious laws violates the integrity and credibility of building a new Malaysia distinct from the old,” he said in a recent media statement.
Lim thus called upon the government to immediately repudiate its decision to use these repressive laws against suspects.
He opined that there were sufficient provisions in the country’s laws to deal with the situation.
“In particular, Poca and Sosma gives wide powers for the authorities to detain a person for prolonged periods without trial and provides no judicial oversight.
“Hakam believes that the existing provisions for remand of up to 14 days under the Criminal Procedure Code as well as channelling more resources to the relevant agencies for speedier investigations, are adequate measures to tackle the problem at hand,” he said.
According to Lim, the Sedition Act 1948 and Section 233 of the CMA are phrased too arbitrarily and have been opened to abuse many times under the previous regime.
“Hakam believes there are existing provisions in the Penal Code to prosecute offenders in these cases, such as Section 298 (uttering words, etc, with deliberate intent to wound the religious feelings of any person), Section 504 (intentional insult with intent to provoke a breach of the peace) and Section 505 (statements conducing to public mischief). Finally, the usage of Pota is wholly unnecessary considering that the temple fracas has no relation to terrorism,” he said.
As such, he urged the government to stand firm with its manifesto promises, respect human rights and uphold the rule of law.
“Public order and human rights can exist hand-in-hand, and this government must prove that this is the way for Malaysia to move forward,” Lim added.
Last month, a group of men stormed into the temple in Subang Jaya, resulting in scuffles between the group and devotees over the temple’s relocation which later led to riots.
Founded in 1873, the Sri Maha Mariamman Temple is the oldest Hindul temple in Kuala Lumpur.