A LEGAL mechanism that would enable detainees to complete part of their jail time under house arrest is a progressive move forward for the Malaysian society.
This was the suggestion of Kota Raja MP Datuk Seri Mohamad Sabu announced on Nov 11. In his view, equality in the eyes of the law cannot be compromised by position, political influence or familial relationships.
Malaysia also cannot afford to practice two standards of justice.
Considering that disgraced former prime minister Datuk Seri Najib Razak obtained house arrest to complete the balance his prison term until 2028, it is a right call.
It is all well and good but here comes the catch. The Agriculture and Food Security Minister called upon non-government organisations, legal practitioners and the civil society to champion the mechanism.
On his part, he is willing to give up his RM11,900 salary until the dissolution of parliament for the cause.
This is where it does not make sense.
Tasek Gelugor MP Datuk Wan Saiful Wan Jan is spot on when he shot down the minister’s call for civil society to struggle for the cause.
The minister from Pakatan Harapan forgot that he became a minister. An act seeking publicity, countered the Wawasan vice-president.
“If he really wanted a new act, he as a minister can push the idea in the Cabinet. Obtain Cabinet approval and instruct the Attorney-General to prepare the bill,” added Wan Saiful.
The notion of house arrest by Mohamad is not a novel idea.
Home Minister Datuk Seri Saifuddin Nasution Ismail had previously been toying with the idea himself.
Just two months ago, the senator raised the possibility of having a House Arrest Act.
The proposed act is meant for remand detainees who met certain conditions. They would be monitored using electronic monitoring devices and placed under house arrest.
It is a workable method aimed to address overpopulation in prisons. There are 83,000 inmates in prisons nationwide that was meant to house 76,000 inmates. Upto 29,050 of them are remand detainees.
Ironically, Bossku obtained his house arrest while Saifuddin helmed the Home Ministry. There are no specific acts. Just a royal decree and some court orders to the Prisons Department made it a reality.
And this is why the Amanah president’s call upon civil society falters.
It is as if the both the ministers do not speak to each other even though they attend weekly Cabinet meetings.
Had Mohamad checked, he would not need to release his grand idea to the public.
A face-to-face meeting with Saifuddin to include those incarcerated for long period of time along with remand detainees would have been more productive.
As Mohamad mentioned the principle of equality, those who are going to be placed under house arrest should be allowed to live with their immediate family members, similar to Bossku.
Most importantly, there needs to be political will on the side of Pakatan Harapan (PH) to bring about the act with necessary mechanism before the dissolution of Parliament. – Nov 13, 2026.
Main image credit: New Straits Times
