Malaysia

Walk for Justice: Police acted ultra vires, court rule

The nominal damages of RM1 was proposed by the Malaysian Bar’s counsel New Sin Yew and agreed upon by senior federal counsel Mohammad Al-Saifi Hashim.

Updated 1 year ago · Published on 20 Mar 2025 6:59PM

Walk for Justice: Police acted ultra vires, court rule
 The assembly and march were to protest the actions of the Malaysian Anti-Corruption Commission (MACC) - March 30, 2025

THE Kuala Lumpur High Court here today ruled that the police had acted ultra vires (beyond powers) to impose a condition that absolutely prohibited the Malaysian Bar Council’s assembly and march, dubbed the Walk for Judicial Independence in 2022.

 The assembly and march were to protest the actions of the Malaysian Anti-Corruption Commission (MACC) which publicly announced an investigation into a Court of Appeal Judge (Datuk Mohd Nazlan Mohd Ghazali), which was considered an interference with the judiciary's independence and a violation of the basic principle of separation of powers.

According to Bernama, Judicial Commissioner Gan Techiong held that the Peaceful Assembly Act does not allow the then Dang Wangi Police District chief ACP Noor Dellhan Yahaya as the first defendant, to stop or ban an assembly from being held.

“He (Noor Dellhan) can only impose conditions to ensure the participants' safety and avoid nuisance to road users.

“The court hereby declares that the first defendant as the officer in charge of the Dang Wangi Police District acted ultra vires on June 15, 2022, in imposing conditions under Section 15 of the Peaceful Assembly Act 2012 prohibiting a march to Parliament by the assembly to be organised by the plaintiff on June 17, 2022, and acted ultra vires on June 17, 2022, in prohibiting the march from taking place.

“Therefore, the court sets nominal damages of RM1, which the defendant must pay to the first plaintiff,” the judge said, adding that the was no order regarding costs because the case involved public interest.

The nominal damages of RM1 was proposed by the Malaysian Bar’s counsel New Sin Yew and agreed upon by senior federal counsel Mohammad Al-Saifi Hashim.

On Oct 20, 2022, the then Bar Council president Karen Cheah Yee Lynn, current president Mohamad Ezri Abdul Wahab, vice-president B. Anand Raj and secretary Murshidah Mustafa, as the first to fifth plaintiffs, filed the suit through Messrs AmerBON at the High Court here.

In the suit, they named former Dang Wangi Police District chief ACP Noor Dellhan Yahaya, its head of Criminal Investigations Department DSP Nuzulan Mohd Din, PDRM, Inspector-General of Police, the Home Minister and the Malaysian Government as the first to sixth defendants.

In the statement of claim, the plaintiffs claimed that all the defendants had violated their rights under the Peaceful Assembly Act 2012 by preventing them and their 500 members and interns from holding a rally and marching from the Padang Merbok parking lot to the main entrance of the Parliament on June 17, 2022, to submit a memorandum to then Prime Minister Datuk Seri Ismail Sabri Yaakob or his representative.

All the plaintiffs claimed that the defendants had committed misconduct in public office (misfeasance) by arresting them wrongly, causing them to lose their freedom and damage their reputation due to wrongful arrest in addition to a loss of RM19,449 for the Bar Council for the cost incurred for the march.

The plaintiffs are demanding special damages amounting to RM19,449, general damages, and excessive and exemplary costs in addition to seeking a declaration that the plaintiff's rights have been violated and a declaration that their detention was illegal and wrong in law. – March 20, 2025

Related News

Malaysia / 6d

Penang, Thai cops seize drugs worth over RM4m in joint operation

Malaysia / 1w

Desa ParkCity tragedy: Boy, girl stabbed in the neck, say cops

Malaysia / 2w

Malaysians urged to rethink travel to southern Thailand after 51 violent incidents

Malaysia / 3w

Nepturis received RM16.4m for Klang Utara police headquarters, court told

Malaysia / 3w

Pahang police reject claims of drug cartel operating in Genting Highlands

Malaysia / 3w

Pilot drug case: Police probe yields new leads

Spotlight

Malaysia

MP calls on US to take legal action against Hadi over ‘plot to topple government’ statement

By Ian McIntyre

Malaysia

Malaysia needs to master its own technology - PM Anwar

Malaysia

RM2.48m lost daily to investment fraud syndicates since 2023

Malaysia

Rising bond rates are a sign of rising debt

Education

Selangor to close schools if API readings exceed 200

Malaysia

Loke: Keep Anwar as PM to complete reform agenda

Malaysia

Investigations into political leaders not driven by spite or political payback - PM

You may be interested

Malaysia

Former Felda GM remanded five days

By Alfian Z.M. Tahir

Malaysia

Haze: 40 areas record unhealthy API, Samarahan worst

Malaysia

Negeri Sembilan MB reaffirms loyalty to Tuanku Muhriz amid throne dispute

Malaysia

Melaka CM hints at state assembly dissolution being ‘two Fridays’ away

Malaysia

Sultan Nazrin calls for wider access, stronger action in fight against cancer

Malaysia

Malaysia needs to master its own technology - PM Anwar

Malaysia

PM warns fertiliser firms of potential contract cancellations, orders MACC review

Malaysia

US Embassy denies attempt to influence Malaysia’s political leadership