When the authorities start dispensing 'instant justice'...

The government’s movement control order (MCO) was gazetted two weeks ago under the Prevention and Control of Infectious Diseases Act.

As the title suggests, everything has to be and will be done to prevent the spread of the disease including restricting of movement of among others, people, goods and livestock. The Act also provides exemptions to certain individual or companies, especially to keep the food chain in motion.

But like all laws, there are penalties when there are breaches. Section 24 of the Act:

Any person guilty of an offence under this Act for which no specific penalty is provided shall be liable, upon conviction:

(a) in respect of a first offence, to imprisonment for a term not exceeding two years or to fine or to both;

(b) in respect of a second or subsequent offence, to imprisonment not exceeding five years or to fine or to both; and

(c) in respect of a continuing offence, to a further fine not exceeding two hundred ringgit for every day during which such offence continues.

However, there is a proviso in the same Act which states: "The Director-General or any public officer authorised for this purpose by him in writing may compound any offence under this Act or any regulations made under this Act which has been prescribed by regulations as compoundable by collecting from the offender a sum of money not exceeding one thousand ringgit."

In short, breaches of the order can be compounded with a fine of up to RM1,000 without having to go through the hassle of going to court. This option is at the discretion of the authorities. It could not have been put more explicitly – you breach the order and you pay to pay the penalty.

But when the authorities start dispensing “instant justice”, then it becomes an issue of breaching the law by the enforcers themselves.

Let it be unequivocally stated that I have no sympathy for those who breach the law, but I have to express repugnance, abhorrence and disgust at the manner in which some of our policemen have resorted to dispensing and delivering “instant justice”.

Two video clips which highlight such discretionary “powers to punish” have been made viral. Let me also state that I have no clue as to where these incidents happened or who was the one who made the clips. They have made the rounds on Facebook.

After watching the clips, I could only conclude that these are acts of abuse of power, bullying, intimidation and harassment.

One shows two men each with a stick asking a group of youths: “You mahu pergi balai atau denda sikit? (You want go to the station or pay a small fine here?).

How the youths responded is inaudible in the clip but the same man orders them to cross their hands and hold their ears and orders: “Sekarang you pergi - down up - up down”. The youths comply with the orders and do squat ups with their fingers on their ears.

To be fair to our policemen, none of the two men was in uniform and it cannot be ascertained which agency they belonged to. However, the second clip is the same routine, except that the man barking the orders is a policeman in uniform with a luminous flak jacket and a white helmet.

Commentators on social media seem to suggest that such punishment is justified. One commented: “These are poor migrant workers. Why fine or jail (when) they are suffering enough… this (punishment) is sufficient. I think the policemen were being very fair.”

But do our laws allow such punishment? Let our law enforcers be reminded that they have no such powers and any punishment can only be meted out by a court of law.

Re-looking at the video, I have to ask myself if this kind of punishment is only inflicted on foreign workers and the poor. Would the same have been inflicted on the nine foreigners who were caught jogging in Bukit Kiara in Kuala Lumpur?

If it had, then the foreign missions in Kuala Lumpur would have raised such a stink that would have prompted some kind of action from the higher-ups.

For that matter, if it was someone who looked rich or educated driving a flashy car, he or she would have got away (with a warning) - unless he or she argued like the cardiologist in Penang.

Let the law take its course without shortcuts or instant dispensation of justice. After all, we are living in a land where we are governed by a set of laws promulgated by Parliament. Let not a few apply laws of the jungle on our people.

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R NADESWARAN is a veteran journalist who has written extensively on the need for fair play, equality and justice. Comments: citizen.nades22@gmail.com - Mkini