The Shah Alam High Court this morning ruled that the detention of well-known blogger Raja Petra Kamarudin under the ISA (Internal Security Act) was illegal and ordered his immediate release. Raja Petra Kamaruddin, via his habeas corpus application has succeeded to obtain a release order from his ISA detention. The Court has allowed him to be brought to court for the release. He has been detained since 12 September 2008.Shah Alam High Court Justice Syed Ahmad Helmy Syed Ahmad ruled that the home minister acted outside his powers in having Raja Petra Kamaruddin arrested for allegedly causing racial tensions, said Raja Petra's lawyer, Malik Imtiaz Sarwar.
"It's a historic ruling and definitely a wonderful step in terms of civil liberties in Malaysia," Malik Imtiaz said. He quoted the judge as saying the grounds given for Raja Petra's detention were insufficient and his arrest under the Internal Security Act was unlawful.
The Internal Security Act is a holdover from British colonial days, when it was used against communist insurgents. Independent Malaysia's postcolonial government, especially the Dr. Mahathir's government, has kept the act in the statute books and has used it sparingly against political dissidents, ignoring calls from opposition groups and others to disband the law.
Raja Petra's arrest triggered widespread protests by civil society groups, lawyers and other online commentators. Some of Malaysia's most popular blogs offer strong anti-government commentaries and present themselves as a substitute for mainstream media, which are controlled by political parties or closely linked to them.
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