suspends all human rights"; "the Act removes all procedural safeguards
against arbitrary arrest and prolonged detention"; "there are no mechanisms
for addressing concerns about the abuse or the prevalence of abuse of the
law"; and "the Muslims community feels targeted as most of the people
arrested and who face prolonged detention under the Prevention of
Terrorism Act 2002 are devout Muslims, Muslim clerics and Sheikhs and
Muslim leaders," to mention but a few in the provided list.
In addition, in his rejoinder submission, the petitioner's counsel
submitted the following at page 9-10:
"The case of Republic vs Farid Hadi Ahmed and 21 others. Criminal
Appeal No. 59 of 2015 was an attempt to curb abuse of the prosecution
under the Prevention of Terrorism Act 2002 through Preliminary
Inquiries.... However, we should not be taken as intending to challenge
the decision of Farid Had Ahmed (supra ^through this Constitutional
case but we want to show how the charges preferred under the
unconstitutional Terrorism Act filed in the subordinate courts abuses the
constitutional right of suspects.... the Prevention of Terrorism Act 2002
has given the prosecution, investigative machineries more powers than
courts....The prosecution mav adiourn the proceedings indefinitely and
they mav abuse the process of the court with impunity. The decision in
Republic vs Farid Hadi Ahmed and 21 others (supra) has rendered the
committal courts mere advisory courts."
At page 11, he finally concluded with the following submission:
"Your Lordship, the Prevention of Terrorism Act has authorized for or
given leeway or paves way to unchecked interference of the people's
right to privacy. No intervention of the Honourable courts has been
provided for. The Act does not even provide conditions for the
intervention and no remedy for the unwarranted interference is
provided for.
In a democratic society like ours where the people's right (fundamental
Human rights) are respected and cherished, it is not expected the
Prevention of Terrorism Act to be enacted and proceed to survive
amidst the abuses, for such a long time from 2002 to the present, i.e.
2019. So. the executive and the law enforcement officials may simply
intercept people's private communications like political opponents and
Page 23 of 37
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