JUDGMENTBY: ABDUL HAMID AG LP

(delivering the judgment of the court): 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) x x x x x

(c) x x x x x

Name Identity Card Number

Pen/1282 -- Karpal

Singh s/o Ram Singh 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

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.

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

ones 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

Mal