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Malaysian Bar's Press Release: High-handed and unwarranted harassment by the police PDF Print E-mail
Contributed by Kesavan, Ragunath   
Friday, 24 October 2008 08:24pm

Press StatementThe Bar Council is appalled at the high-handed and unwarranted arrest and detention of K. Shanti and 11 others, including a 6-year old child, on 23 October 2008 for attempting to see the Prime Minister to seek the release of those detained under the ISA.

The efforts of these concerned citizens constitute a legitimate exercise of their rights under the law. We are perturbed that such an expression of sympathy and concern is being treated as a violation of the law. Further we have been informed that they were brought to court this morning and 10 of them were remanded for a further three days, for investigations for alleged offences under the Societies Act.

We view this as a clear case of harassment and intimidation. We have been reliably informed by the detainees’ lawyers that they had always made themselves available for any investigations by the police.

We see no reason why any of these persons should be detained for investigations. Their continued detention is perceived as a form of punishment rather than any legitimate attempt by the police to investigate.

The Bar Council calls for the immediate release of those who have been detained, and a stop to the continued harassment and persecution of persons expressing dissenting views.

Ragunath Kesavan
Vice-President
Malaysian Bar

Comments (2)Add Comment
All parties need to abide by the SOCIAL CONTRACT.
written by Tan Peek Guat, Saturday, October 25 2008 04:14 am

This happening gives rise to an occasion for us to look at the SOCIAL CONTRACT once again.

We are a nation, and 'Peace' is what our citizens want.

It benefits everyone if we are able to live in a peaceful and orderly environment in this society.

It was on account of our desire to live in a peaceful and orderly environment in our society that we, as people of the world in general, and citizens of our nation in particular, surrender some of our freedom, and live according to the law, so that everyone in the world in general, and all of our citizens in our country, in particular, will surrender some freedom (which everyone else is required to surrender as well and ) according to the law of the nation, which all of us consider just and necessary to surrender - in order to live in a peaceful and orderly society.

On account of the above, we now have laws, based on the promises given by each of us - laws which are meant to benefit us in the end - to benefit ALL. This is the SOCIAL CONTRACT.

On account of the needed peace and order, this SOCIAL CONTRACT requires the citizen to vote for a government and this government is expected to act in the interests of all its citizens.

The government should not hold itself aloof and in awe but is expected to serve the security and other needs of people. The government is needed to act in the interests of all its citizens because, in the first place, it had obtained its right to rule based on the consent of the citizens!

Therefore, why should any citizen be arrested/ punished when they have not even committed any crime?

Why should any of citizens be punished when they do not seem to be a threat to our other citizens - by their simple act/action of visiting their own PM?

It is the duty of the police to keep law and order. The police should not pretend to be so weak that they cannot keep law and order without making the arrests - for whatsoever reasons known to themselves. Or, are the arrests made as a form of 'vengeance'?

It might make us think that those people who visited the PM were arrested so as to act as a deterrent to our other citizens and prevent others from visiting him as well!

If our PM is the PM of all citizens, then he should allow the people to approach him. Why not?

Or, is the government acting in 'vengeance' - for the fact that other members of the same group had creatively attended the HARI RAYA CELEBRATION and doing so in a large grouping?

Based on the SOCIAL CONTRACT, the Home Ministry cannot misuse its power and act arbitrarily and irrationally against any of our citizens. This is the SOCIAL CONTRACT. Show 'love' for the people because:

"God is Love, and those who dwell in Him dwell in Love."

Tan Peek Guat

The Government needs to care for our people.
written by Tan Peek Guat, Saturday, October 25 2008 04:30 am

According to the SOCIAL CONTRACT, the government is allowed to punish the offenders only to the extent necessary to provide a general deterrence to others - into not committing the same offence.

Therefore, an offence must first be committed before our citizens are arrested/punished. What is their offence?

Tan Peek Guat


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