SEKRETARIAT Solidariti Rakyat (SSR) has filed a legal suit against the government and the police for the arrest of 16 people taking part in a candlelight vigil in August.

In a hybrid press conference, SSR spokesman Mohd Asraf Sharafi Mohd Azhar said the vigil, Belasungkawa Jiwa-Jiwa Yang Telah Pergi, was held to honour the 13,385 Malaysians who had lost their lives to Covid-19.

“It should have been a solemn occasion honouring Malaysians who lost their lives to Covid-19 but instead had become a night where police arrested participants violently and with undue force.

“Sixteen youths have filed a claim of summons against the government and the police on December 30,” Asraf said.

In August, police fined 31 SSR members RM2,000 each for organising and participating in a Covid-19 vigil at Dataran Merdeka.

Dang Wangi police chief Noor Dellhan Yahaya said the SSR members violated the standard operating procedure (SOP) of the national recovery plan for being involved in an assembly.

Noor Dellhan said action was taken against them in accordance with Section 9(5) of the Peaceful Assembly Act 2012, Section 21A of the Prevention and Control of Infectious Diseases Act 1988.

Meanwhile, the group’s legal representative New Sin Yew said the action was based on several factors such as false imprisonment, assault and battery, breach of constitutional rights, breach of statutory duty and malfeasance of public office.

“It is emblematic of Malaysia’s separation of powers, as enshrined in our Federal Constitution that this claim is brought for adjudication before our courts. 

“The transgressions and malfeasance of those in power must be checked and held to account. The behaviour shown by the police during the August 19 vigil showed clear abuse of power and wanton disregard of fundamental rights as per our constitution,” New said.

Nalina Nair, who was among the female protestors detained, said she hoped the suit would set the record straight and tell the authorities that their action was unlawful.

“I was one of those who were dragged into the Black Maria with force. The events of the night were truly shameful and should not have happened in light of the vigil, which was merely to remember the dearly departed that had been taken away by Covid-19.

“Our peaceful and symbolic action of lighting candles, reading poems and leaving roses were met with brutality, culminating in participants being dragged away by police officials and thrown into cramped and unsafe vehicles without proper ventilation,” she added.

New also said the group was not seeking any damages from the government and would let the court decide.

“What we want is the police to recognise right to assemble and uphold the constitution, as well as for the authorities to realise what they did is wrong,” he explained. 

Following the incident, SSR raised RM92,800 through a crowdfunding to pay the fines. The protest organiser said the money was raised in a day. – December 30, 2021.