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Tuesday, August 4, 2015

Court rules remand orders against three activists fair

High Court today rules that the remand order issued was in line with Section 117 of the Criminal Procedure Code.
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KUALA LUMPUR: The High Court today ruled that the remand order issued by magistrate Ashraf Rezal Abdul Manan against three activists over the illegal gathering on Saturday was fair and in line with Section 117 of the Criminal Procedure Code.
Judge Kamardin Hashim, in making the decision, said the court also agreed with the magistrate that the remand order was issued after investigations against the three individuals could not be completed within 24 hours of their arrest on July 31.
Ashraf had issued remand orders for six days each against Adam Adli Abdul Halim, 26, and Ahmad Syukri Ab Razab, 30, and four days against Mandeep Singh, 29, from August 1.
They were remanded to facilitate investigations under Section 124B of the Penal Code, pertaining to activities detrimental to parliamentary democracy.
However, Kamardin said the court found the six-day remand imposed on Adam Adli and Ahmad Syukri to be inappropriate and unreasonable.
“Therefore, the court uses the power of review conferred upon it to review the magistrate’s order by shortening the remand order for Adam Adli and Ahmad Syukri from six days to four days,” said Kamardin, who released all the three activists from their remand, which ended today.
Adam Adli and Ahmad Syukri were earlier supposed to be remanded until Thursday, while Mandeep’s remand order expired today.
Yesterday, the three activists filed an application for review of the remand order issued by magistrate Ashraf against them on August 1.
In their application, they claimed that the remand order was unfounded and against the law on the grounds that they had not attended the gathering held on August 1.
The activists said the police’s action of arresting them on July 31, a day before a gathering which was planned but was not held yet was wrong under the law, and their action of holding a peaceful assembly was not an offence under Section 124B of the Penal Code.
They claimed that no investigations were conducted by police after they were arrested and detained at the Jinjang lock-up, and their statements had not been recorded yet although the police had time do so.
DPP Mohd Nordin Ismail appeared for the prosecution while counsel N Surendran represented the three activists.
– BERNAMA

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