It is regrettable that the police have resorted to the use of Sosma in dealing with the LTTE allegations.
This is not in line with the political assurance made during the Pakatan Harapan campaign before GE 14 and the promise that the rule of law will reign supreme immediately after winning.
Our legislative arm of the parliamentary system must bear the brunt of the blame for allowing this law to stand till today. The police will always be in a conundrum to use it as long as it is available.
Preventive laws in this day and age are outdated. It has served its purpose most effectively in the fight against subversive activities, especially during the war against the communist insurgency.
It was introduced and misused by our colonial masters. In the beginning it was out of necessity, subsequently and gradually, it served their own draconian needs in keeping Malaya suppressed and divided. Sadly, we are still keeping that disturbing legacy alive!
The police must keep abreast with the political aspirations of the contemporary political landscape, especially when the prime minister has personally emphasised the return to the rule of law. The future in keeping the peace and handling dissent depends on modern policing that must not be swayed by political manipulations.
Preventive laws do not comply with due process in the rule of law and do not fit into the rigorous checks and balances required for natural justice. And so it causes more problems in a democratic system such as ours now with New Malaysia in government.
The police must look further ahead and move forward towards extricating themselves from being influenced by an evolving political landscape that is becoming increasingly aggressive, partisan and in all probability, will end up fighting tooth and nail for power with no holds barred!. The police must stay above it all!
Police reform must include this aspect if we are really serious in making our police service strong, effective, efficient, relevant, firm, fair and above all, apolitical.
They must become more transparent and accountable in their actions in any situation adhering to due process in all arrests and detentions, allowing all the evidence gathered to be ventilated in a court of law.
The future of the men in blue staying relevant hinges greatly upon this fact. Consequently, this will also ensure that public confidence in the police will be enhanced and always maintained, apart from winning the hearts and minds of the people in any situation.
The way forward in making the rule of law supreme can only mean that all police actions must be subject to scrutiny by the criminal justice system and that due process must be adhered to, in the strictest interpretation of procedural law. - Mkini
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