Police detained Maria Chin Abdullah on November 18 under Section 124C of the Penal Code that criminalises the attempt to commit activities detrimental to parliamentary democracy. ― Malay Mail pic

KUALA LUMPUR, Nov 22 — Khairy Jamaluddin once told Parliament peaceful rallies including Bersih were not acts detrimental to parliamentary democracy, for which Bersih 2.0 chief Maria Chin Abdullah was arrested using the Security Offences (Special Measures) Act.

Petaling Jaya Utara MP Tony Pua pointed out that opposition lawmakers had in 2012 protested vehemently against the insertion of the nebulous sections on acts “detrimental to parliamentary democracy” into the Penal Code.

“However, the member of Parliament for Rembau, Khairy Jamaluddin, and a minister in Najib’s Cabinet today, had mocked the opposition’s fear, claiming that they were not only unfounded, the letter of the proposed law was extremely clear and had no room for the purported abuse,” Pua said.

Section 4(3) of the Act expressly states that it may not be used against individuals “purely” for their political beliefs. However, the Sosma itself is not used to prosecute, but is applied along with other laws.

Most notably, the Sosma had been used alongside Section 124B of the Penal Code, which pertains to acts detrimental to parliamentary democracy, against critics of the government Matthias Chang and Datuk Seri Khairuddin Abu Hassan.

The DAP national publicity secretary noted that Khairy, who is youth and sports minister, had in 2012 insisted that peaceful gatherings would not invite action under the law that revived preventive detention in Malaysia.

Today, Pua pressed Khairy to honour the latter's remarks in Parliament by calling for Maria's release from “wrongful arrest”.

“Or will he, more likely, keep his mouth shut and pretend that he had never said in Parliament that the Sosma and Penal Code Amendment Bills will not be used on peaceful assemblies or Bersih?”

Police detained Maria on November 18 under Section 124C of the Penal Code that criminalises the attempt to commit activities detrimental to parliamentary democracy, and applied the Sosma for the arrest.

Under the Sosma, the police may detain her for 28 days and withhold legal representation for two days, which her lawyers on Sunday confirmed that the police have opted to do.