KUALA LUMPUR – The Malaysian Bar has initiated separate legal proceedings against the Royal Malaysia Police (PDRM) and the government over allegedly violating the groups’ constitutional rights when lawyers were barred from marching to Parliament as part of their Walk for Judicial Independence in June.
According to its president Karen Cheah, the writ and statement of claims had been served to the defendants – Dang Wangi district police chief Noor Dellhan Yahaya, Inspector-General of Police Tan Sri Acryl Sani Abdullah Sani, the Home Affairs Ministry, the government and one other – on October 25.
“Without delving into extensive details regarding the lawsuit that was filed, the Bar takes the view that PDRM’s flagrant disregard for the constitutional rights of the participants of the walk is wholly unacceptable and cannot be condoned,” she said in a statement today.
She added that police had used “disproportionate force” towards the participants and “malicious intent” to frustrate and restrain them from fully participating in the walk.
Noting that case management is set for January 12 next year, she asserted that PDRM’s misconduct could be traced back to 2015 when police tried to “disallow” the peaceful protests arranged by civil society organisation Bersih.
“In the same vein, PDRM’s actions amount to misfeasance in public office by allowing false imprisonments of the participants of the walk to occur,” she said.
“This sets a dangerous precedent for future instances of peaceful public protests. The Bar will not stand idly by as PDRM curtails and tramples upon the fundamental rights and liberties afforded to citizens.
“The Bar will not rest until we obtain proper legal redress.”
Additionally, she highlighted that the Bar had earlier denounced the “authoritarian and arbitrary attitude” exhibited by PDRM when police issued notices under Section 111 of the Criminal Procedure Code to several Bar members who had attended the walk.
The section states that police making an investigation may, in writing, require the attendance of any person “who from the information given or otherwise appears to be acquainted with the circumstances of the case”.
After the Bar had served a judicial review application on September 20 challenging the validity of the notices, Dellhan had issued letters on September 26 stating that investigation papers on the walk were referred to the Attorney-General’s Chambers and the decision given was “No Further Action”.
The march on June 17 saw about 500 lawyers gathered at the Padang Merbok parking lot to take part in the walk, which was initially meant to end with a memorandum handed to the government at the Parliament entrance.
The memorandum sought for the government to uphold judicial independence while ensuring that investigations into the legislative body are carried out in a manner that does not erode public confidence in the judiciary.
Dellhan subsequently said police had opened an investigation paper under Section 15(3) of the Peaceful Assembly Act 2012, and Regulations 6 and 7 of the Prevention and Control of Infectious Diseases Regulations (Measures Within The Infected Local Areas) (National Recovery Plan) (Transition to Endemic Phase) 2022, according to Bernama’s report. – The Vibes, December 15, 2022
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