The Book of Prof Shad.docx

She is slapped and kicked by two female police

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She is slapped and kicked by two female police officers and warned that she will be gang-raped. Her request to see a lawyer is refused because the Police say that this is a sensitive, security case and a lawyer may hinder the investigation. Neither is she allowed to inform her family of her whereabouts. 3
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On 12 June 2012 she is produced before a Magistrate and remanded for seven days. On the 17 th of June 2012 (i.e. the 5 th day of her remand) she is informed that she will not, for the time being, be charged under the Official Secrets Act but that the Minister of Home Affairs acting under section 8 of the ISA, has ordered her to be detained under the Internal Security Act for two years from 17 June 2012 to 16 June 2014. The ground supplied to her in the detention order is that she has compromised national security by supplying classified information to a foreign agent. The detaining authority allows her to consult with a lawyer. In the meantime, the Internal Security Act is repealed by section 32(1) of the Security Offences (Special Measures) Act 2012 [Act 747]. SOSMA was gazetted and became operational on 22 June 2012. Fatimah and her family now dream of the day she will be released. But that is not to be. She is informed that the repeal of the ISA does not affect any detention order validly made prior to the repeal of the ISA. The Superintendent of the detention centre refers her to section 32(2)(a) of SOSMA which states that “the repeal of the Internal Security Act 1960 shall not affect any order issued or made under the repealed Act prior to the date of the coming into operation of this Act, unless earlier revoked by the Minister”. And so Fatimah’s ISA detention continues. On 01 July 2012 Fatimah, through her lawyer, exercised her right to make representation to the Advisory Board under the ISA to challenge her preventive detention. But till 16 June 2014 nothing is heard of from the Advisory Board. The Superintendent of the detention centre informs Fatimah that with the repeal of the ISA, the Advisory Board under the ISA had been disbanded and no new Board had been appointed in its place. On 16 June 2014 i.e. the day on which Fatimah’s ISA detention came to an end, Fatimah was released from the detention centre. But as soon as she stepped out of the detention centre, she was re-arrested by a police officer under section 8(1) of the Official Secrets Act 1972 for communicating unauthorized information to a foreign agent. In August 2015 Fatimah is convicted on the OSA charge and sentenced to three years imprisonment. She is still serving that sentence. Her family applies for habeas corpus and all other suitable remedies to challenge the police arrest on 10 June 2012; the ISA detention from 17 June 2012 to 16 June 2014; and the re-arrest on 16 June under the OSA. Advise Fatimah.
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