Four of the seven rights activists summoned to date by the Registrar of Societies (ROS) will not provide statements in relation to a probe against human rights NGO Suaram.
PKR vice-president Tian Chua, Parti Socialist Malaysia secretary-general S Arutchelvam and Empower executive director Maria Chin Abdullah have already said they are not affiliated to Suaram and do not know of its activities, although they support it.
Lawyer Edmund Bon (right), who is representing the trio, said they are of the opinion that the ROS has no jurisdiction to issue the notice under Section 111 of the Criminal Procedure Code.
"We will issue a legal notice to ROS to that effect," Bon told a press conference today.
Arutchelvan has yet to officially receive the notice because he wasnot at home when an attempt was made to deliver it.
Malaysian Bar president Lim Chee Wee said in a text-message to Malaysiakini that he too will not attend the interview session with the ROS, scheduled for this afternoon.
“I am not attending because am still thinking of challenging request,” reads the message.
Lim's lawyer Ragunath Kesavan verified this, also saying that a meeting will be held this evening to discuss the legal challenge.
Petaling Jaya Utara MP Tony Pua (right), who was at the press conference, is also likely to ignore the notice. He is represented by Gobind Singh Deo.
PKR vice-president Tian Chua, Parti Socialist Malaysia secretary-general S Arutchelvam and Empower executive director Maria Chin Abdullah have already said they are not affiliated to Suaram and do not know of its activities, although they support it.
Lawyer Edmund Bon (right), who is representing the trio, said they are of the opinion that the ROS has no jurisdiction to issue the notice under Section 111 of the Criminal Procedure Code.
"We will issue a legal notice to ROS to that effect," Bon told a press conference today.
Arutchelvan has yet to officially receive the notice because he wasnot at home when an attempt was made to deliver it.
Malaysian Bar president Lim Chee Wee said in a text-message to Malaysiakini that he too will not attend the interview session with the ROS, scheduled for this afternoon.“I am not attending because am still thinking of challenging request,” reads the message.
Lim's lawyer Ragunath Kesavan verified this, also saying that a meeting will be held this evening to discuss the legal challenge.
Petaling Jaya Utara MP Tony Pua (right), who was at the press conference, is also likely to ignore the notice. He is represented by Gobind Singh Deo.
Daniel Albert, representing Malaysian Bar constitutional committee member Syahredzan Johan, said the ROS has yet to reply a letter seeking clarification on the notice of summons.
“We will see what the response is before deciding,” said Albert.
“We will see what the response is before deciding,” said Albert.
Wong will also ignore notice
Selangor exco Elizabeth Wong is the seventh person on the ROS radar to have received the notice.
She described the action as "vexatious, frivolous and a waste oftime, resources paid by taxpayers' money".
"For the ROS to waste my time with its petty fishing expedition is not only an affront to me, but also the people I represent."
In a statement late today, Wong said she too had engaged Bon to represent her over the matter.
"I will be instructing my solicitors to send a letter to ROS informing it I will not be attending the interview, and also requesting that it withdraws the S111 notice against me, failing which I shall be taking legal action."
Bon (below) said his clients feel that the authorities are on a "fishing expedition or on a witch hunt", as they may not have a case against Suaram.
"If they have, they might have charged Suaram or Suara Inisiatif Sdn Bhd by now, but they have not done so. This is despite pressure by the domestic trade, consumer affairs and cooperatives minister indicating that Suaram will be charged.
“The fact that papers from the Companies Commission of Malaysia (CCM) and ROS have been submitted to - and returned several times by - the Attorney-General’s Chambers shows there is no evidence. They have no way to crack the case and there is nothing unlawful (about) what (Suaram is) doing.
“That is why they are summoning others who may not have any ties with Suaram. This is an abuse of the investigations (process).”
He said the ROS can only comply individuals to attend such interview sessions, if an application is filed with the courts.
“There is no case based on Section 111 of the CPC (to date). This will be a test case on jurisdiction ...,” said Bon.
‘Reckless issuance of notice’
Suaram executive director E Nalini condemned the “reckless issuance” of the Section 111 notice to the seven activists.
“Suaram is a duly registered company through Suara Inisiatif under the Companies Act 1965 and this does not fall under the purview of the ROS. We have assisted the ROS investigations in good faith even though the ROS has failed to state its jurisdiction in investigating Suaram,” said Nalini (right).
“We sent a letter dated Oct 29 asking the ROS about its jurisdiction to investigate Suaram but till today there has been no reply. The attack on Suaram and human rights defenders cannot be said to be lawful.”
Describing the report made in Muar as “malicious”, she said the ROS is attacking all parties that it feels has ties or dealings with Suaram.
“We feel the ROS has acted beyond the legal threshold to issue such orders. (It should) stop taking directives (from) the ruling coalition. In a democratic society, civil servants should (not) be ... tools of the government. Civil servants must be independent.
Suaram’s lawyer Roger Chan (left)said such action “will set a dangerous precedent” and that Malaysians should be worried about this development.
“We need to draw the line between investigations and harassment,” he noted.
Chua, meanwhile, asked why the attorney-general (AG) has interfered in the investigations when the minister concerned has indicated that the probe has been completed.
“This clearly shows mala fide (on the part of the AG) in prolonging this case. Coincidentally, he is taking action based on (what is alleged on) pro-Umno websites,” he added.
“... I feel the action against Suaram follows the case that it has filed in France over the Scorpene (purchase). This is uncalled for.”
"If they have, they might have charged Suaram or Suara Inisiatif Sdn Bhd by now, but they have not done so. This is despite pressure by the domestic trade, consumer affairs and cooperatives minister indicating that Suaram will be charged.“The fact that papers from the Companies Commission of Malaysia (CCM) and ROS have been submitted to - and returned several times by - the Attorney-General’s Chambers shows there is no evidence. They have no way to crack the case and there is nothing unlawful (about) what (Suaram is) doing.
“That is why they are summoning others who may not have any ties with Suaram. This is an abuse of the investigations (process).”
He said the ROS can only comply individuals to attend such interview sessions, if an application is filed with the courts.
“There is no case based on Section 111 of the CPC (to date). This will be a test case on jurisdiction ...,” said Bon.
‘Reckless issuance of notice’
Suaram executive director E Nalini condemned the “reckless issuance” of the Section 111 notice to the seven activists.
“Suaram is a duly registered company through Suara Inisiatif under the Companies Act 1965 and this does not fall under the purview of the ROS. We have assisted the ROS investigations in good faith even though the ROS has failed to state its jurisdiction in investigating Suaram,” said Nalini (right).“We sent a letter dated Oct 29 asking the ROS about its jurisdiction to investigate Suaram but till today there has been no reply. The attack on Suaram and human rights defenders cannot be said to be lawful.”
Describing the report made in Muar as “malicious”, she said the ROS is attacking all parties that it feels has ties or dealings with Suaram.
“We feel the ROS has acted beyond the legal threshold to issue such orders. (It should) stop taking directives (from) the ruling coalition. In a democratic society, civil servants should (not) be ... tools of the government. Civil servants must be independent.
Suaram’s lawyer Roger Chan (left)said such action “will set a dangerous precedent” and that Malaysians should be worried about this development.“We need to draw the line between investigations and harassment,” he noted.
Chua, meanwhile, asked why the attorney-general (AG) has interfered in the investigations when the minister concerned has indicated that the probe has been completed.
“This clearly shows mala fide (on the part of the AG) in prolonging this case. Coincidentally, he is taking action based on (what is alleged on) pro-Umno websites,” he added.
“... I feel the action against Suaram follows the case that it has filed in France over the Scorpene (purchase). This is uncalled for.”
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