THE Malaysian Bar has filed a lawsuit against the police, the government and several other parties, accusing them of obstructing the assembly and march for judicial independence (Walk for Judicial Independence) in June.

The assembly and march were to protest the Malaysian Anti-Corruption Commission (MACC) investigation into Court of Appeal Judge Mohd Nazlan Mohd Ghazali, which the Bar considered an interference with the judiciary’s independence and a violation of the basic principle of separation of powers.

Bar Council president Karen Cheah Yee Lynn, 54, vice-president Mohamed Ezri Abdul Wahab, 52, secretary B. Anand Raj, 50 and treasurer Murshidah Mustafa, 52, filed the suit at the High Court in Kuala Lumpur on October 20, and the case is set for case management on January 12, 2023, before Deputy Registrar Nor Afidah Idris.

The Bar named Dang Wangi police chief Noor Dellhan Yahaya and head of CID Nuzulan Mohd Din, the police, inspector-general of police, the home minister and the government.

The Bar claimed that all the defendants had violated their rights under the Peaceful Assembly Act 2012 by preventing them, their 500 members and interns from holding a rally at the Padang Merbok car park, Jalan Parlimen, to the main entrance of Parliament building on June 17, 2022, from 7.45am until 10am to submit a memorandum to then prime minister Ismail Sabri Yaakob.

The Bar alleged misconduct in public office (misfeasance) through wrongful arrest and unlawful detention, and damage their reputation in addition to a loss of RM20,000, the cost incurred for the march.

The Bar demanded special damages to cover the cost of the march, general damages, and excessive and exemplary costs in addition to seeking a declaration that its members’ rights have been violated and a declaration that their detention was illegal and wrong in law. – Bernama, November 29, 2022.