Illegal houses of worship rally: 11 sue PM, police over pre-emptive arrests

 

A total of 11 individuals have filed a lawsuit against the government and the police over their alleged unlawful arrest and detention before a Feb 7 rally linked with the Anti-Illegal Houses of Worship Movement (Garah) in Kuala Lumpur.

According to a statement of claim filed at the Kuala Lumpur High Court today, the group, including activists and members of the public, sought a formal apology and damages for a “pre-emptive and unconstitutional” crackdown on their personal liberty.

They named seven defendants: the government, Prime Minister Anwar Ibrahim, Home Minister Saifuddin Nasution Ismail, Inspector-General of Police Khalid Ismail, Kuala Lumpur police chief Fadil Marsus, Dang Wangi district police chief Sazalee Adam, and other police personnel.

The plaintiffs asserted that their arrests on Feb 7 were carried out in mala fide (bad faith), with several contending they were detained near the Sogo shopping complex before the assembly had officially commenced.

Kuala Lumpur police chief Fadil Marsus

They also argued that the police failed to provide immediate grounds for arrest, in direct violation of Article 5(3) of the Federal Constitution.

The suit, filed via the Chambers of Zainul Rijal law firm, also highlighted alleged physical and emotional distress:

• The fourth plaintiff, Monashofian Putra, claimed he was pushed down a set of stairs by five police officers while they were attempting to arrest him despite his earlier explanation that he was only there for shopping, resulting in a leg injury.

• The fifth plaintiff, former Hulu Langat Bersatu information chief Shafiq Abdul Halim, submitted that a group of officers had detained him as he was walking away from the protest site, with the personnel claiming to have been acting on Sazalee’s orders.

• The eighth plaintiff, Elza Nadiah, alleged her arm was violently wrenched behind her back, causing her hijab pin to fall off and leaving her “humiliated” in front of a crowd, which also included men.

• The first (Esma Hisham Zainul Nor) and sixth (Jurasmadi Pauzi) plaintiffs asserted that they were ordered to stop live broadcasts on TikTok while documenting the heavy police presence at the location, before being taken to the Dang Wangi district police headquarters and released on police bail in the wee hours of the following morning.

PM’s remarks said to spur officers

The plaintiffs also referenced Anwar’s statement on the day of the incident, in which the prime minister issued a stern warning that “maximum action”, including arrests, would be carried out against anyone trying to disrupt the peace while the nation is hosting foreign guests.

The plaintiffs contended that the premier’s remarks led to “misfeasance of public office”, where enforcement officers bypassed standard legal procedures to satisfy an executive mandate.

Prime Minister Anwar Ibrahim

Besides a written apology to each plaintiff, the group also sought a court declaration that the actions of the home minister and prime minister were ultra vires (beyond legal powers) under the Peaceful Assembly Act 2012, as well as a declaration that their arrests were unconstitutional and invalid.

The suit further sought general, aggravated, and exemplary damages, in addition to legal costs and an annual interest rate of five percent on the awarded amount, calculated from the date of judgment until full payment is made.

As early as 8pm on Feb 7, police began arresting purported rally goers at the compound of the Sogo shopping complex in Kuala Lumpur.

They were suspected of planning to take part in a rally against “illegal houses of worship”.

Police personnel, including riot control officers, were seen stationed around Sogo and Masjid Jamek Kampung Baru to prevent the public from gathering. - Mkini