DAP’s Charles Santiago said the commission could help determine if there was any wrongdoing by the police in arresting the duo or whether they were just “hiding behind the law”.
“The action of the police was unjustified and speaks volumes about a larger problem within the force. It just shows how rotten the system is and the need for reform,” the former Klang MP said.
He said that under the proposed IPCMC bill in 2019, the public could file a complaint under Section 22 if they felt their arrest was unreasonable, unjust, oppressive or discriminatory.
Hulu Selangor district police chief Suffian Abdullah, responding to criticism that the police were heavy-handed in their action, said everyone, including the two youths, were bound by the law.
The two students were reportedly arrested after police raided their homes, seized their phones, and made them undergo a drug test.
“This abuse of power (by the police) stresses the need for the IPCMC to be restored as it is integral in the way we organise the police force,” Santiago said.
He also said Inspector-General of Police Acryl Sani Abdullah Sani should advise his personnel of the guidelines when making such arrests.
The IPCMC bill was binned in favour of the current Independent Police Conduct Commission (IPCC) Act, which comes into force in June this year, which critics describe as a watered-down version of the IPCMC.
In a widely shared video, the two students were heard using foul language and mocking questions on Singapore history in the SPM history exam. They later released another video apologising for their action.
They are being investigated under the Minor Offences Act and the Communications and Multimedia Act (CMA).
Former Petaling Jaya MP Maria Chin Abdullah said the IPCMC could hold the police accountable if they arrested individuals without justification.
With the IPCC, however, the disciplinary action against a police officer who committed any wrongdoing was dealt with by the police and not by an external body.
“If they won’t bring back the IPCMC bill, then they need to amend the IPCC Act to allow commissioners to act on cases of police misconduct and hold the force responsible,” she said.
Bentong MP Young Syefura Othman said that in such cases, the police needed to discern circumstances that warranted an arrest.
“For this kind of case, the police must think rationally. Although there are legal provisions regarding this case, the police, especially the investigating officer, can use discretion,” she said.
The latest to join in the debate is Seputeh MP Teresa Kok, who called for rules on police arrests to be revised.
Kok said it was unnecessary to arrest the two teenagers. “The offence is not a capital or a serious offence. It would have been enough for the police to seize the mobile phones used, record the teenagers’ statements, and then refer the case to the deputy public prosecutor,” she said.