JUDGMENT

Abdul Hamid AG LP:

[1] In the High Court at Ipoh the respondent sought an order of habeas corpus. The respondent claimed that he had been unlawfully detained under an order of the Minister of Home Affairs dated 18 December 1987 made under s 8(1) of the Internal Security Act 1960. After hearing the application and arguments, the learned judge (Peh Swee Chin J) granted an order directing that the respondent be released. The appeal is against that order. The order of detention concerned reads as follows:

Internal Security Act 1960

Detention Order

(Section 8(1))

To: Superintendent

Protected Detention Place Taiping

Inspector General of Police

Bukit Aman - Kuala Lumpur

To all officers of Royal Malaysian Police and all other persons concerned.

'That I, being satisfied that this order is necessary, make against the person mentioned below with an intention of preventing the said person from acting prejudicial to:

(a) the security of Malaysia,

(b) xxxxx

(c) xxxxx

Name : Pen/1282 - Karpal Singh s/o Ram Singh

Identity Card Number: 1836865(B)

And that in exercising the powers conferred upon me under s 8(1) of the Internal Security Act 1960, I, the Minister of Home Affairs, Malaysia, direct with this order that the person whose name is stated above be detained for a period of two years effective from 19 December 1987 at Protected Detention Place Taiping or any other place as directed by me from time to time.

Made on 18 December 1987.

Dr Mahathir Bin Mohamad

Minister of Home Affairs

Malaysia

(Bil Khedn R 205/1182/4-)

6560

[2] The grounds for the detention order read as follows:

That since the year 1980 until the date of arrest on 27 October 1987 you, Karpal Singh s/o Ram Singh, have been involved in activities that would incite racial sentiments amongst the multi-racial community of this country. These activities of yours could lead to an atmosphere of tension and enmity among the races in this country and endanger the security of the country.

[3] The particulars of the charges read as follows:

(1) On 29 February 1980 while speaking in a dinner party at Silaiton Restaurant no 4636, Jalan Pantai, Butterworth, Pulau Pinang, organized by the Democratic Action Party Bagan Jermal Branch, you alleged that the government is only interested in one race and stressed liberty for and rights of other races.

(2) On 11 January 1982 at an emergency meeting of the Democratic Action Party, Penang State which was held at no 123-D, Jalan Batu Lancang, Pulau Pinang, you alleged that the rights of studying one's mother tongue of non-Malays is obstructed by the government by implementing the 3M curriculum. At the same meeting, you also alleged that the interests and fundamental rights of Chinese and Indians are not safeguarded and requested the public especially parents to oppose the implementation of the 3M curriculum in the Chinese and the Indian primary schools.

(3) On 2 March 1986, at a gathering in the compound of Kuan Im Temple, Pitt Street, Pulau Pinang, you quoted the case of Sim Kie Choon and Datuk Mokhtar Hashim to incite a clash between the Malays and the Chinese.

(4) On 16 August 1986, at a forum organized by the Democratic Action Party, Pulau Pinang, which was held at Kelab Ilham, no 225, Jalan Macalister, Pulau Pinang, you accused that the New Economic Policy is only in favour of one race ie the bumiputras only.

(5) On 5 September 1987, while speaking at the Arumugam. Pillai Hall, Jalan Kulim, Bukit Mertajam, Pulau Pinang, you alleged that the Malaysian Chinese Association (MCA party) and the Gerakan Rakyat Malaysia had sold the fundamental rights of non-Malays to United Malay National Organization (UMNO).

(6) On 10 October 1987, at a gathering in front of Tuanku Syed Putra, Lebuh Downing, Pulau Pinang, you used the issue of appointing non-Mandarin qualified headmasters and senior assistants in the national type Chinese primary schools to incite racial sentiments of the Chinese community.

[4] The basic grounds for the grant of the order of habeas corpus by the trial judge