A staunch opponent of the death penalty in Malaysia and elsewhere,

He said in the celebrated case of Teh Cheng Poh, Karpal failed before the Federal
Court but was successful at the Privy Council in London. By the end of 1981, the
Internal Security Act 1960 had been responsible of the hanging of 31 people. The
Malaysian authorities were clearly serious in their intention to hang all prisoners
charged under the security regulations. Alongside proven and committed
communist killers, were men who had been sentenced to death for the mere
possession of bullets, weapon parts and pistols. Karpal considered penalties
under the ISA too harsh, especially on those who were sentenced to eh gallows
because their crime mostly was to be caught in possession of firearms and
ammunition, even though the weapons had not been used for any criminal
purpose. Karpal suggested an appeal should be made to the Privy Council on the
grounds the ESCAR 1975 were invalid and unconstitutional. The original
draconian regulations had been promulgated by the Agong during a state of
emergency, when parliamentary institutions were suspended following the May
1969 race riots in Kuala Lumpur. The Agong proclaimed a state of emergency
under article 150 (1) of the constitution. Simultaneously he promulgated the
Emergency (Essential Powers) Ordinance 1969, giving himself wide powers for
securing public safety including power to make provisions departing from the
Criminal Procedure Code and the Evidence Act. The question before the court
was whether a law passed during an Emergency was valid after Parliament
resumed sitting as once parliament sat the Agong had no more power and the
regulations were void. The Privy Council held that the Essential (Security Cases)
Regulations (ESCAR) was unconstitutional, and Teh who was charged with
possession of a firearm and ammunitions escaped the gallows.] The executive
had to table amendments in Parliament as a result of Karpal's court action. In
1979, the government unveiled its Emergency (Essential Powers) Bill to validate
all the regulations earlier declared void by the council and this dashed the hopes
of condemned security prisoners like Teh.
When Malaysia eventually abolishes the death penalty, much of the credit will
have to be given to the courageous work of Karpal Singh, he added.