By : Rita Jong

SHAH ALAM, MALAYSIA: The detention of Malaysia Today editor Raja Petra Kamarudin under the Internal Security Act was not in the interest of national security but to silence a vocal critic of the government, his counsel told the High Court yesterday.

Counsel Azhar Azizan Harun contended that Home Minister Datuk Seri Syed Hamid Albar, who signed the detention order, could not hide behind the cloak of national security.

"The court has the power to examine whether his decision was based on national security," he said in Raja Petra's habeas corpus hearing.

"Based on the grounds of his detention, we submit that the order was mala fide and unlawful."

Raja Petra was detained on the grounds that he:

- owns and operates the Malaysia Today website;

- intentionally and recklessly published his articles as well as readers' comments on Malaysia Today that were critical and insulted Muslims, the purity of Islam and the personality of the Prophet Muhammad; and,

- that he published his articles concerning national leaders that were defamatory and false with the intention of undermining confidence and inciting public hatred against the government which could affect public order and prejudice national security.

Azhar's co-counsel, Malik Imtiaz Sarwar, also argued that Raja Petra was arrested because he was critical of the government.

"Is it wrong for us to be critical of our leaders? If I am with a group of friends and, over coffee, I say I do not think the prime minister can lead the country, are they going to detain me too?"

Malik also submitted that Raja Petra had not been charged with the offence of insulting Islam by the religious authorities in Selangor or anywhere else.

"So how can the minister (Syed Hamid) conclude that Raja Petra had insulted Islam?"

He said the court had the jurisdiction to scrutinise orders that had been made in bad faith.

"This is not a situation like Jemaah Islamiyah or communists. This is just a man whom the government seems to think can bring it down to its knees."

Senior federal counsel Abdul Wahab Mohamad submitted that the onus was on the detainee to prove that the authorities had not complied with the procedural requirement.

"Section 8 of the ISA empowers the minister to make an order of detention without an investigation."

Judge Datuk Syed Ahmad Helmy Syed Ahmad will announce his decision on Nov 7.