Since from day one, we were all given to understand that the Federal Constitution of our country called Malaysia is the highest instrument of law in our beloved nation.
As such, should any conflicts or misinterpretation arise in defining and implementing other sets of legislations and laws in our country, the Federal Constitution should therefore be referred to as a final tool in order to determine if those sets of legislations and laws goes by the relevant articles of the Federal Constitution.
Unfortunately our Federal Constitution which we thought is able to protect us has been undermined by these sets of legislations and laws. These sets of legislations and laws had all the time overruled the Federal Constitution in a lot of matters concerning human liberties, freedom and justice as well.
We are deeply concern that our highest instrumental of law (the Federal Constitution) would be sidelined very soon, as our nation is seeing its way to become a police or fascist state.
And when a police or fascist state takes its effective rule, these draconian legislations and laws shall therefore overrules the Federal Constitution completely. The Federal Constitution is on its way to suspension. Unless the entire situation differs to otherwise, the Federal Constitution of our country today will become redundant and useless, merely as a symbol or perhaps a history.
Let us review some of the articles of the Federal Constitution which are now being restricted by these sets of draconian legislations and laws which are deemed oppressive and restricting human liberties and our freedom.
Article 5 of the Federal Constitution confirms the liberty of any persons was restricted and oppressed by the Internal Security Act (ISA) 1960, Restricted Residence Enactment (Cap 39; Sec 117 Criminal Procedure Code Cap 6).
Article 6 which guarantees our people from slavery and forced labour was overpowered by Essential (Self-Reliance) Regulations 1975 and the National Service Ordinance, while Article 9 which states Protection against Banishment and Freedom of movement was overruled by the Internal Security Act (ISA) 1960, Banishment Act 1948 and Immigration Acts 1959 and 1963 respectively.
Article 10 (1)(a) which guarantees our Freedom of Speech and Expression is being overly restricted by Seditions Act 1948 (including amendments 1971), Official Secrets Act 1972 (including amendments 1986), Printing Presses and Publishing Act 1948 (including amendments 1988) and Control of Imported Publications Act 1959.
Article 10 (1)(b) which guarantees our Freedom of Peaceful Assembly was being bound by Public Order (Preservation) Ordinance 1958 and the Police Act 1967 (including amendments 1988). Article 10 (1)(c) which states our Freedom of Association was apprehended by the Trade Unions Act 1959 (including amendments of 1980 and 1989), Societies Act 1966 (including amendments 1981), University and University Colleges Act 1971 (including amendments 1975) – concerning Discipline of students rules and Discipline of staff rules.
Again Article 10 (1)(c) which states our Freedom of Association and our rights to Industrial Action including strike was effectively being prevented by Essential (Prohibition of Strikes and Prescribed Industrial Actions) Regulations 1965 and Industrial Relations Act 1967 (including amendments 1971 and 1975 respectively).
Article 121 which described the Principle of Judicial Review was harshly overruled and amended in 1988, followed by another amendment to the Internal Security Act in 1988, followed by another major revamp in 1989.
It is very clear fact that the BN-Umno federal government uses these draconian legislations and laws to curb and restrict the liberties and freedom of our people and at the same time restrict the rising influence of a the newly emerging opposition coalition Pakatan Rakyat under the pretext of “national security”, according to them.
Such harsh legislations and laws had also instilled a culture of fear and worry among our people to such an extent that even they agreed they are living under a stressful condition similar to an authoritarian police, fascist state or military rule.
As the result, most of us are too afraid to voice our protest or express freely our opinions and thoughts. Most of us are also afraid of debating current issues and matters concerning the well-being our beloved nation and the way it is being run with.
So, does our Federal Constitution protect our people effectively and how powerful is our country’s highest instrumental of law in standing against all these draconian legislations and laws?
So long as the BN-Umno still rules the country, our Federal Constitution shall remain in a shamefully disrespect manner.