KUALA LUMPUR, Nov 29 — The Malaysian Bar is suing the police, claiming unlawful imprisonment of its members and the violation of their constitutional rights when its Walk For Judicial Independence to Parliament was prohibited on June 17.
The lawsuit was filed on October 20 in the High Court here by the Malaysian Bar president Karen Cheah, its vice-president Mohamad Ezri Abdul Wahab, secretary Anand Raj R. Balasupramaniam and treasurer Murshidah Mustafa.
It named six respondents: Noor Dellhan Yahaya acting as the officer in charge of the Dang Wangi police district, Nuzulan Mohd Din, the police, the inspector-general of police, the home minister and the government of Malaysia.
The Malaysian Bar and the four other plaintiffs are seeking several court orders, including declarations that the police and government had violated their constitutional rights and their rights under the Peaceful Assembly Act 2012 (PAA 2012).
The constitutional rights that the Malaysian Bar claimed were violated are under the Federal Constitution’s Article 10 which covers the right to freedom of assembly and freedom of speech and expression, right to liberty under Article 5(1), freedom of movement under Article 9, and equality and equal treatment under the law under Article 8(1).
Among other things, the Malaysian Bar is also seeking a declaration that the police had breached its statutory duties under the PAA 2012 and that its “imprisonment” of the participants during the march was illegal and unlawful, as well as a declaration that the police had no power to impose conditions under regulations linked to the control of the Covid-19 disease.
The Malaysian Bar is seeking compensation in the form of special damages of RM19,449 for costs already spent for the march that the police had prevented, general damages to be assessed, aggravated damages and exemplary damages.
The lawsuit is scheduled for case management on January 12 next year.
Source : Malay Mail