The Court of Appeal has dismissed the appeal and cross-appeal by political cartoonist Zunar and the government and police respectively, ruling that the arrest and detention of Zunar in 2010 was lawful but the seizure of his cartoon book ‘Cartoon-o-phobia’ was unwarranted.
Justice Abdul Aziz Abdul Rahim said that this was a unanimous decision by the quorum of three judges to maintain the High Court’s decision.
“We unanimously found that there are no merit in the appeal and the cross-appeal.
“Therefore we dismiss both appeals by the appellant and the cross-appellant,” said Abdul Aziz when reading out the verdict.
Justice Abdul Aziz Abdul Rahim said that this was a unanimous decision by the quorum of three judges to maintain the High Court’s decision.“We unanimously found that there are no merit in the appeal and the cross-appeal.
“Therefore we dismiss both appeals by the appellant and the cross-appellant,” said Abdul Aziz when reading out the verdict.
He said that the court agrees with the finding of the High Court that the police have the right to act under the Printing Presses and Publications Act 1984 and the Sedition Act 1948 to arrest Zunar and to confiscate the cartoon books, but it was unwarranted to continue to retain the materials for years.
However, he also reminded that no charge had been made against the accused, and neither had the book been banned or returned up to today’s trial since they were confiscated three years ago.
Abdul Aziz also agreed with the argument of the High Court stating that Zunar has the right to life under Article 5(1) of the federal constitution, as selling the cartoons contributes to his livelihood.
“Therefore he should be entitled to damages,” he added.
Two other judges who were sitting on the panel were Mohd Arif Md Yusof and David Wong.
Zunar’s is represented by counsel R Sivarasa, while senior federal counsel Nor Mastura Ayob is representing the government and the police.
Abdul Aziz also agreed with the argument of the High Court stating that Zunar has the right to life under Article 5(1) of the federal constitution, as selling the cartoons contributes to his livelihood.
“Therefore he should be entitled to damages,” he added.
Two other judges who were sitting on the panel were Mohd Arif Md Yusof and David Wong.
Zunar’s is represented by counsel R Sivarasa, while senior federal counsel Nor Mastura Ayob is representing the government and the police.
Arrested before launch of cartoon book
Zunar (right in photo), whose real name is Zulkiflee SM Anwar Ulhaque, was arrested on Sept 24, 2010 during a raid at his office in Brickfields in Kuala Lumpur, just hours before he was supposed to launch ‘Cartoon-o-phobia’.
Sixty-six copies of the book and an A2-size collage featuring Prime Minister Najib Abdul Razak and his wife Rosmah Mansor were seized by the police.
He was taken to six police stations before being held overnight at the KL International Airport police lock-up, and was released on the following day.
Zunar then sued the arresting officer Arikrishna Apparau, investigating officer Marina Hashim, former inspector-general of police Ismail Omar, the Home Ministry and the government for unlawful detention.
On Jul 31, 2012, the Kuala Lumpur High Court ruled that the arrest and detention of Zunar was unlawful but the continued confiscation of his artwork was unwarranted.
Zunar (right in photo), whose real name is Zulkiflee SM Anwar Ulhaque, was arrested on Sept 24, 2010 during a raid at his office in Brickfields in Kuala Lumpur, just hours before he was supposed to launch ‘Cartoon-o-phobia’.Sixty-six copies of the book and an A2-size collage featuring Prime Minister Najib Abdul Razak and his wife Rosmah Mansor were seized by the police.
He was taken to six police stations before being held overnight at the KL International Airport police lock-up, and was released on the following day.
Zunar then sued the arresting officer Arikrishna Apparau, investigating officer Marina Hashim, former inspector-general of police Ismail Omar, the Home Ministry and the government for unlawful detention.
On Jul 31, 2012, the Kuala Lumpur High Court ruled that the arrest and detention of Zunar was unlawful but the continued confiscation of his artwork was unwarranted.
Zunar to offer judges copies of political cartoon books
Speaking to the press later, Zunar said that the judgment was unacceptable as he wondered how the author had become “illegal” while his artworks were not banned by the government.
“I am the author who produced the book, the artwork and the text. They were all from my mind.
“So if the book is okay but the author is not okay, that is funny,” he said.
Following the ruling, Zunar said that he is going to offer three of his latest cartoon book to the three judges “for them to understand what political cartoons are all about”.
“If the judges and the government do not understand political cartoons, (then) this is a cartoon country,” he quipped.
Meanwhile, Sivarasa expressed disappointment over the decision, reiterating that the arrest and detention by the police was “totally unnecessary”.
“Even is that were an offence, why he was detained in a lock-up for two days? It was an oppressive and malicious action.
“You can arrest, take him to another place and free him (once the investigation is done), what is so difficult?” he questioned the authorities.
Speaking to the press later, Zunar said that the judgment was unacceptable as he wondered how the author had become “illegal” while his artworks were not banned by the government.
“I am the author who produced the book, the artwork and the text. They were all from my mind.
“So if the book is okay but the author is not okay, that is funny,” he said.
Following the ruling, Zunar said that he is going to offer three of his latest cartoon book to the three judges “for them to understand what political cartoons are all about”.
“If the judges and the government do not understand political cartoons, (then) this is a cartoon country,” he quipped.
Meanwhile, Sivarasa expressed disappointment over the decision, reiterating that the arrest and detention by the police was “totally unnecessary”.
“Even is that were an offence, why he was detained in a lock-up for two days? It was an oppressive and malicious action.
“You can arrest, take him to another place and free him (once the investigation is done), what is so difficult?” he questioned the authorities.
Speaking to Malaysiakini later, Zunar said that arresting him under the Sedition Act means that the government is categorising drawing political cartoons in Malaysia as a crime.
“Sadly, the judges confirmed it today,” he added.
Both Zunar and Sivarasa said that they will discuss whether to appeal to the Federal Court.
“Sadly, the judges confirmed it today,” he added.
Both Zunar and Sivarasa said that they will discuss whether to appeal to the Federal Court.
Although no costs were ordered for each side, Sivarasa said that Zunar will go back to the High Court for assessment of damage for the wrongful detention (of his book).
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