Leading Malaysian human rights groups today expressed their dismay over the Federal Court ruling yesterday that the authorities need not state the reasons for extending the detention order of a person already held under the Internal Security Act (ISA).

According to Suara Rakyat Malaysia (Suaram) coordinator, Cynthia Gabriel, the judgment failed to protect the individual from the state by providing sufficient safeguard to the individual.

"We are disappointed with the judgment. The case is a disservice to the judiciary and justice in Malaysia," Gabriel said when contacted by malaysiakini today.

She added that the court's ruling was akin to giving the home minister unchecked powers to detain anyone.

The New Straits Times yesterday reported that the Chief Judge of Malaya Ahmad Fairuz Sheikh Abdul Halim as saying there was nothing in section 8(7) of the Act which can even suggest that the grounds must be stated in the extension order.

(Section 8(7) concerns the extension of a detention order under the ISA).

Upholding the extended detention of former air force sergeant Gurcharan Singh Bachittar Singh @ Guru as valid, Ahmad Fairuz said if the grounds were not expected to be stated in the initial order what more the extension which merely prolonged the duration, the paper reported.

Gurcharan Singh was challenging the legality of the extension of his detention under the ISA in the Federal Court.

Judiciary appears to be in limbo

He was detained for allegedly selling government secrets and training foreign spies for two years from Nov 3, 1989. His detention was extended by the then deputy home minister for another two years on Oct 31, 1991.

However, the extension was cancelled on Feb 2, 1993, and Gurcharan Singh was released on Feb 5, 1993. He later filed a writ of summons on Oct 29, 1994, challenging the extension on the grounds that no reasons were given.

The High Court had on Sept 25, 1996, declared Gurcharan Singh's extended detention wrongful and awarded him RM1 in damages.

However, Gurcharan brought the case to the Federal Court when the high court's decision was squashed by the Court of Appeal in a majority decision on Dec 30, 1999, which held the extension valid.

Following the latest development, the human rights activist lamented that the judiciary appears to be in a limbo on matters pertaining to the controversial ISA and those irking the executive.

"Malaysians want to see reforms within the judiciary. We want to believe that the judiciary wants reforms," Gabriel said.

On shaky ground

In relation to that, she also reiterated the call for the release of the 'reformasi four' who are still being detained despite a landmark federal court's ruling last week declaring the first 60 days of detention under the ISA for five reformasi leaders as unlawful.

However, the court later announced that its decision would not affect the two-year detention orders signed by Home Minister Abdullah Ahmad Badawi after the expiry of the first 60 days.

The detainees now have to file another fresh habeas corpus application to challenge the two-year detention issued under Section 8(1) of the ISA.

Meanwhile, Malaysian National Human Rights Society (Hakam) secretary-general Elizabeth Wong argued that fundamentally any ISA detention is already on 'shaky ground' when asked to comment to on the Gurcharan case.

"It is an executive-instructed detention without acceptable evidence of criminality and proof," Wong said.

She noted that human rights groups expected the court to be vigilant in circumstances where there is a unilateral executive conduct and arrest the 'decline of the rule of law in Malaysia'.

"Basically, the court should insist for the ground for an ISA detention and any subsequent extensions," the activist said.

"The court must be vigilant, otherwise, it will be a unilateral executive conduct without checks and balances. It is the duty of the court to arrest the decline of the rule of law," she added.