Malaysian Bar to sue police over Padang Merbok incident


Noel Achariam

On June 17, police have prevented some 30 lawyers from marching to Parliament from Padang Merbok to present a memorandum on upholding judicial independence to Prime Minister Ismail Sabri Yaakob. – The Malaysian Insight file pic, July 25, 2022.

THE Malaysian Bar wants to sue the police for blocking lawyers walking from Padang Merbok to Parliament during a protest in Kuala Lumpur last month.

Its president Karen Cheah said the Bar is now preparing the documents to file the suit in August.

Prominent lawyer Gurdial Singh has agreed to represent the Malaysian Bar, she told The Malaysian Insight. 

“We are not backing down, we are definitely commencing a suit against the police for all the transgressions that happened during the event,” she told The Malaysian Insight.

On June 17, police stopped some 300 lawyers from marching to Parliament from Padang Merbok to present a memorandum to Prime Minister Ismail Sabri Yaakob on upholding the independence of the courts.

Police had blocked two roads leading up to Parliament. Also present was the police light strike force.

The memorandum was then handed to deputy de facto law minister Mas Ermieyati Samsudin, who went to Padang Merbok to meet the lawyers.

Malaysian Bar president Karen Cheah says according to the Peaceful Assembly Act 2012,  police have no right to stop the lawyers from walking to Parliament. – The Malaysian Insight file pic, July 25, 2022.

Cheah said according to the Peaceful Assembly Act 2012, the police have no right to stop the lawyers from walking to Parliament.

She said that since that day, the Bar has been collecting evidence, documents, videos and photos of the incident.

“We have been in touch with our members to provide what videos and photos they have, which will then be given to counsel who will be commencing the suit for us.

“We are looking at breach of statutory duty (by police) and are seeking a declaration to the unconstitutional action of not permitting the lawyers to walk to Parliament and possible wrongful confinement of lawyers at Padang Merbok.”

Cheah also said the Malaysian Bar condemns the manner in which police had obstructed the walk.  

“This is a form of abuse of power and public misfeasance because instead of facilitating the walk and ensuring the safety of the participants, they did the converse to frustrate the rights of citizens.

“The actions of the police have set a bad example for the citizenry, as it conveys the message that citizens are not free to exercise their constitutional rights even when they comply with the law.

“And that a law enforcement agency can and will act with impunity and unlawfully, just because they are in a position of power to do so. The Malaysian Bar cannot countenance this transgression from the police.” – July 25, 2022.


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Comments


  • Its about time the PDRM be held accountable for a transgression they have themselves have committed instead of upholding the law they have been sworn to uphold. Yes Madam President, please lead the Bar Council in this important undertaking to send a message that the law applies to all including those who are supposed to uphold the law.

    Posted 1 year ago by Super Duper · Reply