OCTOBER 2 — The Security Offences (Special Measures) Act 2012 (Sosma) is an Act to provide for special measures relating to security offences for the purpose of maintaining public order and security and for connected matters.

Sosma is the law that provides for the procedures, evidential rules and powers (including that of arrest) to the authorities in relation to what is known as "security offences”.

The term "security offences” is defined to include offences which fall under Chapter VI (offences against the State), Chapter VIA (offences relating to terrorism) and Chapter VIB (organised crimes) of the Penal Code.

For these offences, it is explicitly stated that Sosma shall apply [Section 2 Sosma]. There are no two ways about it.

Chapter VIB of the Penal Code commences with Section 130U which defines "organised criminal group” to mean a group of two or more persons, acting in concert with the aim of committing one or more serious offences, in order to obtain, directly or indirectly, a material benefit, power or influence.

By reason of Section 52B PC, a serious offence is an offence punishable with imprisonment for a term of ten years or more.

Two weeks ago on September 17, Inspector-General of Police Tan Sri Razarudin Husain said that the investigation into Global Ikhwan Service and Business Holding (GISB) has uncovered links to organised crime.

"The modus operandi detected involves moving individuals around to evade detection by authorities. Notably, the victims were not housed in a single location; their placements frequently changed, including those we managed to rescue,” he said.

If by organised crime syndicate the IGP was referring to an organised criminal group, then the law applicable is Sosma. It is not the Criminal Procedure Code (CPC) — the general law on arrest and investigation.

Even the CPC explicitly states that its provisions do not apply where there is a written law for the time being in force regulating the arrest and investigation, among others, of such offences [Section 3 CPC].

Unlike the CPC, Sosma empowers a police officer, without warrant, to arrest and detain any person whom he has reason to believe to be involved in security offences [Section 4(1) Sosma]. The detention of the person so arrested and detained may be extended for 28 days by a Superintendent of Police for the purpose of investigation [Section 4(5) Sosma].

Sosma is the law to be applied to security offences. That includes organised crimes.

The investigations into GISBH are not about race or religion.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.