24/04/2026

FRIDAY | APR 24, 2026

5

Scrutiny on judicial caning

Ű BY KIRTINEE RAMESH newsdesk@thesundaily.com

KUCHING: A drug syndicate tactic of renting homestay premises as packaging and storage centres has been uncovered, after police arrested four individuals and seized various types of drugs worth about RM16.8 million in two separate operations around Kuching this month, making it the biggest seizure recorded in Sarawak to date. State police commissioner Datuk Mohamad Zainal Abdullah said the first case involved a raid on a homestay in Santubong on April 7, which led to the arrest of a couple aged 41 and 31. During a press conference at the Sarawak police headquarters here yesterday, he said police also seized various types of drugs believed to be methylenedioxymethamphetamine weighing 107.5kg, in addition to 1.3kg of ketamine, 180g of Erimin 5 pills, 102g of ecstasy pills and 28g of syabu. He said the syndicate is believed to have been active since the beginning of this month and used several homestay premises as temporary locations for packaging activities before moving to other locations to avoid detection by the authorities. Mohamad Zainal said the two suspects are believed to be involved in packaging and distributing drugs to locations designated by other syndicate members via WhatsApp. “They were paid RM3,000 monthly plus a RM5 commission for every packet of drugs sold,” he said, adding that police also seized a vehicle worth an estimated RM15,000 and RM1,856 in cash. He said the success was the result of an operation by the Bukit Aman Narcotics Crime Investigation Department (NCID) in cooperation with the Sarawak NCID. Section 290 further requires a medical officer to certify fitness of the individual before and during execution of the caning, with the process halted if the offender is deemed unable to withstand the punishment. She said caning also serves as an alternative sentencing option, particularly following the abolition of the mandatory death penalty. Provisions under Sections 39A(1) PETALING JAYA: Judicial caning in Malaysia remains constitutionally valid and legally enforceable but its place in a modern criminal justice system is increasingly under scrutiny amid evolving human rights expectations and a stronger push towards rehabilitation. A lawyer interviewed by theSun said the punishment, provided under statutes such as the Dangerous Drugs Act 1952 and the Penal Code, is administered within a tightly regulated legal framework with strict safeguards. She pointed to provisions under the Criminal Procedure Code, which set clear limits on the number of strokes, mandatory medical supervision and exemption of certain categories of offenders. Under Section 288, whipping is capped at 24 strokes for adults and 10 for youth offenders, using a regulated cane under prescribed specifications. Section 289 prohibits caning for women, men above 50 years old and individuals sentenced to death, except in certain serious sexual offences.

He added that the Federal Court has ruled judicial caning does not violate Articles 5 and 8 of the Federal Constitution and remains lawful under statutes such as the Penal Code, subject to strict safeguards and judicial oversight. “Domestically, it is a regulated form of punishment used for deterrence. Internationally, however, there is divergence. Some bodies see corporal punishment as incompatible with evolving human rights standards, while others recognise differing legal systems.” Addressing concerns over potential serious harm, Shashi Kumar said such claims are often overstated, citing legal safeguards that include medical supervision and mandatory fitness assessments. “These safeguards ensure the punishment is carried out within controlled limits and does not exceed lawful boundaries,” he said. On Malaysia’s global standing, he said the impact is expected to be limited as the country is not party to certain treaties that explicitly prohibit corporal punishment. “Differences in legal systems are expected, and divergence does not necessarily amount to non compliance with international obligations.” He also said Malaysian courts may continue to develop interpretations of “life” and “personal liberty” under Article 5,

GEORGE TOWN: A total of 1,429 police officers were subject to disciplinary action, including 134 dismissals, throughout last year. Deputy IGP Tan Sri Ayob Khan Mydin Pitchay said the force would never compromise on personnel found guilty of an offence. “Of the 1,429, 819 were given warnings, 211 fined, 190 had their emoluments forfeited, 18 had their salary adjustments suspended, 34 had their salaries reduced, 23 were demoted and 134 were dismissed,” he said at the Penang Crime Consciousness and Public Safety Society Premier Forum here yesterday. He added that the offences involved various forms of misconduct, with the highest number related to integrity, with 1,072 cases, followed by crime with 98, drug abuse recording 95, governance with 91, syariah with 40 and 33 cases involving corruption. Ayob Khan also said although the number of personnel subject to action was small compared with the total force strength of approximately 130,000, it still had a major impact on its image. “Maybe the number is only around 1%, but the impact is huge because this small group can tarnish the image and affect all the efforts and good achievements that the team has made. That is why firm action must be taken without compromise.” He said the force has an internal investigation mechanism through the Integrity and Standards Compliance Department, in addition to external monitoring through the Independent Police Conduct Commission (IPCC) under the Ministry of Home Affairs. He added that individuals from the public who are dissatisfied with the results of any police internal investigation may lodge a complaint with IPCC. Ayob Khan also stressed that integrity is the main foundation in maintaining public trust in security forces, in addition to being a pillar of the effectiveness of any organisation. – Bernama 1,400 cops faced disciplinary action in 2025 Shashi Kumar outlined possible legal avenues going forward, including constitutional challenges, procedural challenges relating to medical compliance and strategic litigation aimed at narrowing the scope of caning. which has previously been linked to dignity and quality of life. He added that any evolution would depend on judicial reasoning, legal arguments and legislative intent, with courts generally taking a cautious approach.

o Although legally enforceable, groups cite international human rights norms to push for abolition of practice

and 39A(2) of the Dangerous Drugs Act and Section 392 of the Penal Code still prescribe whipping for offences such as drug trafficking and robbery. “The Federal Court decision upholding caning is well within the framework of the Federal Constitution and Malaysian law.” On international standards, she said instruments such as the United Nations Convention Against Torture are not directly binding unless incorporated into domestic law. She also said Malaysia retains the discretion to shape its criminal justice policies based on local conditions and legislative priorities. However, she acknowledged that questions over effectiveness of the practice remain. “While caning may act as a deterrent for serious crimes, modern criminal justice systems increasingly prioritise rehabilitation and reintegration,” she said, adding that comparative approaches reflect differing global stances. “In Singapore, judicial caning remains part of the legal system for offences that include drug

and immigration-related crimes, although it is not applied universally.” In contrast, the United Kingdom has abolished corporal punishment altogether, aligning itself with international human rights norms and an emphasis on dignity and proportionality. “These comparisons show Malaysia is not unusual in the region, but differs from jurisdictions that have moved away from corporal punishment.” She said the issue goes beyond legality, with broader policy considerations balancing deterrence, rehabilitation and human rights. Meanwhile, the Malaysian Bar has maintained its position that corporal punishment undermines human dignity and should be fully abolished. Global Human Rights Federation president S. Shashi Kumar said international human rights principles are interpreted differently across jurisdictions, with states retaining sovereignty over their criminal justice systems.

Sarawak police achieve RM16 million drug bust

Mohamad Zainal showing some of the drugs seized during two operations in the state. – BERNAMAPIC

suspects have no criminal records and police also seized a vehicle worth about RM12,000. In a related development, he said the “No Day Without Arrests” approach implemented by the Sarawak contingent has shown positive results, with 5,151 drug related arrests recorded from Jan 1 to April 19 compared to 3,728 in the same period last year. He said the value of drugs and poisons seized in the same period surged to RM31.9 million compared with RM3.1 million last year.

Inspection of the suspects led to the discovery of 1,281 packages of vape cartridges suspected of containing marijuana liquid, weighing an estimated 3.2kg and valued at about RM575,000. “The two suspects are believed to have acted as runners and transporters within a syndicate network, receiving about RM8,000 for each delivery,” he said, adding that the case is being investigated under Section 39B of the Dangerous Drugs Act 1952. Mohamad Zainal said the two

Both suspects tested negative for drugs, while checks found that the woman has three criminal records. The couple were charged in the Kuching Magistrate’s Court on April 20 with four counts under Section 39B(1)(a) of the Dangerous Drugs Act 1952, one count under Section 39A(1) and two counts under Section 12(2) of the same Act, Bernama reported. On April 19, police arrested two men, aged 28 and 38, near Jalan Setia Raja, following information from the Malaysian Border Control and Protection Agency.