[UPDATED] Group behind #Lawan protests to sue govt, police over Covid-19 vigil

KUALA LUMPUR – The youth coalition behind the #Lawan series of protests today sued both the government and the police for alleged wrongful arrests during a Covid-19 victims’ vigil held at Dataran Merdeka here earlier this year.

On August 19 – two weeks before Merdeka day – the vigil saw 31 individuals aggressively hauled up to the Dang Wangi police station and subsequently compounded for violating the Prevention and Control of Infectious Diseases Act 1988.

JUST IN

Police have hauled up participants of a Covid-19 victims' vigil at Dataran Merdeka today.

Over 20 participants have been detained and it is understood that they will be brought to Dang Wangi police station. pic.twitter.com/VAPW84IIcf

— TheVibes.com (@thevibesnews) August 19, 2021

According to a statement by Sekretariat Solidariti Rakyat (SSR), the suit is made on the grounds of false imprisonment, assault and battery, a breach of statutory duties, as well as a malfeasance of public office.

Besides that, the group claims that their constitutional rights were violated, namely those enshrined in Articles 5, 8, 9, and 10 of the federal constitution, encompassing fundamental liberties.

Describing the night’s events as “truly shameful”, SSR claimed that this was because the vigil, aimed at commemorating lives lost to the pandemic, was met with violence and undue force.

“Our peaceful and symbolic actions of lighting candles, reading poems and leaving roses were met with brutality, culminating in participants being dragged away by police officers and thrown into cramped and unsafe vehicles without proper ventilation,” it said.

Although the lawsuit seeks general damages from the police and government, these damages are secondary, says New Sin Yew of AmerBON Advocates, one of the lawyers representing the group.

Among the reliefs sought by the plaintiffs is that their arrest and detention be deemed illegal and unlawful by the courts, New told reporters at a press conference today.

The primary concern, he added, is to have the plaintiffs’ right to assemble and not be unlawfully arrested be upheld the court.

“It is more of an issue of recognising that there has been an abuse of police powers,” he said.

Meanwhile, one of the plaintiffs, Nalina Nair, 32, echoed New’s sentiment of holding the authorities to account.

Claiming that the participants were arrested because they sought to raise “uncomfortable truths,” she said the purpose of the suit is “to set the record straight (and) tell the authorities that what you did that day was very wrong.”

As a Black Maria carrying protestors prepares to leave, one participant is heard shouting "They have not told us why we are arrested". pic.twitter.com/oUZtfMuOLS

— TheVibes.com (@thevibesnews) August 19, 2021

Following the events of August 19, Nalina – who is also a Petaling Jaya city councillor – was charged under Section 90 of the Police Act 1967 for “riotous behaviour”. 

She pleaded not guilty and was released on RM5,000 bail.

Additionally, Nalina raised concerns over the authorities’ misplaced priorities.

While the vigil sought to commemorate the over 13,000 lives lost to Covid-19, she said there were many things the police could do to handle the pandemic, but “they decided to crack down on us when all we did was exercise our rights according to the constitution.” – The Vibes, December 30, 2021