PSM6 – police practicing “Arrest first, find the charges later” tactics

By Lim Kit Siang

Let more and more Malaysians wear yellow on Saturdays to send a loud, clear and unmistakable message to the Prime Minister, Datuk Seri Najib Razak, the Barisan Nasional Cabinet and government of ever-rising crescendo of swelling public support not only for Bersih 2.0’s eight demands for free and fair elections, but also for a Clean Malaysia where there is an end to the rampant corruption, abuses of power, injustices and gross human rights violations present today.

The blemishes today why we do not have a Clean Malaysia include the gross abuses of power evident in the high-handed police actions against the peaceful Bersih 2.0 rally on July 9 for free and fair elections; the unwarranted, unjustifiable and unprovoked firing of tear gas and chemically-laced water cannons against the peaceful public; arbitrary arrest of some 2,000 people; spewing of racist threats; attempt to create ethnic and religious tensions including the raising the May 13 spectre and the unjustifiable lock-down of Kuala Lumpur creating infernal traffic jams before and on the day of the rally.

Such high-handed and arbitrary police actions are still going on more than a forthnight after the 709 peaceful Bersih 2.0 rally – proven by the continued unjust, unjustified and unwarranted detention of the PSM6, including Sungei Siput MP Dr. Michael Jeyakumar.

Jeyakumar and five others have been detained under the Emergency Ordinance since July 2 after initially being arrested on June 25 with two dozen other PSM members under Section 122 of the Penal Code for allegedly “waging war against the Agong” and trying to revive communism.

Section 122 of the Penal Code states: “Whoever collects or attempts to collect men, arms or ammunition, or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Yang di-Pertuan Agong or any of the Rulers or the Yang di-Pertua Negeri or abets the waging or the preparation of such war, shall be punished with imprisonment for life or imprisonment for a term not exceeding twenty years, and shall also be liable to fine.”

This is a heinous offence – waging war against the Yang di Pertuan Agong, liable on conviction to life imprisonment.

But who would believe that Jeyakumar and the other 29 PSM activists originally arrested on June 25 had been guilty of the heinous crime of “waging war against the Agong”?

The answer is none at all – not even the police and the home ministry which is why after the seven-day remand of the 30 PSM activists, no one whether from the Police or the Home Minister Datuk Seri Hishammuddin Hussein breathed a word about the heinous crime of “waging war against the Agong” and “reviving communism” as the charges are so ridiculous and unbelievable as the raise serious questions about the right and sanity of a government capable of such fantasies to rule the country.

Malaysians are entitled to ask who are the officers or politicians who had been so “creative” as to concoct the heinous charge of Section 122 of Penal Code of “waging war against the Agong” against the PSM activists in the first instance. These persons responsible for such ridiculous charges should be publicly exposed and punished for a most gross abuses of power.

The PSM six headed by Jeyakumar have been detained under the EO for 22 days after the end of their seven-day remand on July 2 on the ridiculous charge of “waging war against the Agong”.

The 42-year EO is an obsolete law which violates democratic norms and fundamental human rights and should have been repealed five years ago if the Barisan Nasional

Government had accepted the recommendations of the Dzaiddin-Hanif Police Royal Commission Report to create an efficient, incorruptible, professional world-class police service.