No need to tweak law on detention without trial

I am sure many would agree with the move to list the various activities that warrant detention without trial (Law on criminal detention without trial extended; Feb 7).

There is certainty on the type of activities that this law covers.

However, I am not in favour of the tweak that makes the Home Affairs Minister's decision on the case final.

Home Affairs and Law Minister K. Shanmugam states that the courts would still be able to review the decisions based on the traditional tests of illegality, irrationality and procedural impropriety and that it does not oust judicial review.

If that is the case, then why introduce this clause?

It is my view that no one should be given absolute power in any circumstance.

Courts should be the right place to challenge a minister's decision, especially on this aspect of law which does not allow a detainee a chance to defend himself in court.

Hence, the courts should be allowed to make decisions on any detention that is challenged.

The Government should not bind the court's hands and still claim the court can review it.

Rajasegaran Ramasamy

Join ST's Telegram channel and get the latest breaking news delivered to you.