I HAD expected our new home minister to kick off the unity government reform agenda for transparency and accountability with a review of the Security Offences (Special Measures) Act 2012 (Sosma).

After all, Pakatan Harapan had made it clear in its election campaign that it sought to provide betters checks and balances within the criminal justice system.

So it came as a surprise when he defended the use of the law although there have been many examples of abuse in the past.

It would be prudent for him to give it another look so as to allow the judiciary to oversee detentions lasting more than 24 hours, as stipulated in the Criminal Procedure Code and enshrined in our constitution.

While the police may argue that the law is useful to counter threats to national security, whereby immediate action is required to save lives or property, the point is to reduce the discretionary role of the executive and law enforcers during the initial stages of detention. 

In the pursuit of new and effective checks and balances for the law, we must be mindful not to weaken the police and their power to use all the tools of investigation available to them. Low police morale and confidence will only embolden the criminal.

Britain serves as a good model for the creation of effective checks and balances for similar laws. All pre-trial detentions are subject to judicial scrutiny without exception.

The judiciary is the appropriate arm to not only safeguard the rights of suspects but also those of the police to carry out their duties in good faith. – December 14, 2022.

* G. Selva reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.