When Malaysian Lawyers Started Acting More Strongly for Justice and Human Rights

In 2006, an incident took place that showed clearly that the time had come for the Bar and lawyers to engage in new forms of actions, BEYOND just the issuance of statements, or raising matters with meetings with Ministers or relevant authorities.

Mr S. Balasubramaniam, a lawyer went to PJ Police Headquarters to provide legal assistance to his clients. 

His clients had been detained by police, denied access to lawyer and allegedly manhandled. 

Despite his repeated requests by his lawyer, the police refused to give the lawyer information about the reasons for the arrests. S. Balasubramaniam also alleged that he was physically pushed and unlawfully arrested and  detained by a plainclothes policeman. He was released after three hours of detention without any reason being given for his arrest.

This outrage led to fellow lawyers, who did approach the Bar Council demanding prompt action and protest but unfortunately the Bar Council then seem not inclined to do anything fast.The hope was that the elected Bar leadership will lead, and lawyer members will support.

Disappointment with Bar's response, several lawyers including N.Surendran and myself(Charles Hector) decided to still act. The fact that the Malaysian Bar leadership or Bar Council elects not to act fast, does not excuse individual lawyers who also believes that upholding the cause of justice without fear or favour no to act.

Hence, we speedily drafted a short petition of protest, and then went around the courts seeking support from fellow lawyers urging them to sign the petition which we intended to later that day  to physically handover to the police at the Petaling Jaya police headquarters.  More than 112 lawyers signed the petition and about 30 plus lawyers turned up at the PJ police station to hand it over to the police. [See below the said Memorandum of Protest, which also list names of lawyers that signed it]

When the Bar Council found out about the protest, the Council changed its mind and dispatched one of its principal office bearers, George Varughese to join at the police station. The lawyers present decided that the Bar Council representative would be allowed to hand over the petition. The said action also received media coverage. 

If the Bar leadership fails to act, individual lawyers will

There is no need to wait for the Bar Council to act. This action showed how a few lawyers could move the Bar Council to take more radical actions, like protesting and handing over Memorandum of Protest. 

The Bar Council could have stayed away but this would have raised much protest and questions from the membership of the Malaysian Bar about their failure to act immediately.

The message was simply that if you do not act, then we, the ordinary lawyers, will act and that may be an embarrassment to the Bar Council itself.

Since then, we are happy to note that the Bar Council has repeatedly provided leadership in taking actions like organizing of protests and/or peaceful assemblies in upholding the cause of justice without fear or favor.

That action was significant, for it affected change in the Malaysian Bar's actions. It moved from issuing of public statements and raising matters in meetings, to now even taking to the streets exercising our right to Peaceful Assembly.

26/9/2007 - "Lawyers don't walk every day. Not even every month. But when they walk, then something must be very wrong," said Chairman of the Bar Council Ambiga Sreenevasan when addressing a strong crowd of more than 2,000 members of the Malaysian Bar and some concerned citizens at the Palace of Justice before the commencement of the walk to the Prime Minister's office to hand over the Bar's memorandum urging the government to set up a Royal Commission of Inquiry to probe the state of judiciary and memorandum on the establishment of a judicial appointments and promotion commission(Malaysian Bar Website) 

On 29 Nov 2011 (Tuesday), more than 1,000 participants, comprising Members of the Bar, representatives of civil society and members of the public joined Malaysian Bar’s Walk for Freedom to Walk, an initiative to object to the Peaceful Assembly Bill 2011 (“Bill”). ’They chanted "freedom to assembly" and "freedom to the people", before police stopped most of them from entering the complex…They say the new laws - which do allow gatherings in designated places like stadiums and public halls - are more repressive than the old ones…’(BBC News, 29/11/2011) 

On 16/10/2014, NEARLY 2,000 Malaysian lawyers braved the noon day heat in their suits and ties to protest this year's "sedition blitz" outside Parliament building calling for the repeal of the Sedition Act.   The decision to protest was pursuant to a Malaysian Bar Resolution on Sedition Act in 2014, where members, amongst others, resolved that ‘…(H) The Malaysian Bar mandates the Bar Council to immediately organise a peaceful protest in the form of a walk and to take any and all such further action as it deems appropriate or necessary in order to advance and promote the matters herein and to uphold the principles of the Malaysian Bar…’ 

 

In 17 June 2022 -  The Malaysian Bar plans to march to Parliament today to uphold the independence of the courts and speak out against any attempts to intimidate judges, was blocked by the police and prevented from proceeding. This 'Walk for Judicial Independence' saw the participation of about 500 lawyers. The Bar has commenced legal action  against the Royal Malaysia Police (PDRM), the Malaysian government, and several other parties for allegedly violating its right of peaceful assembly.

 

Besides these actions, lawyers have come out in numbers against 'attacks' of fellow lawyers by State.

On 8 May 2009, 200 lawyers have gathered at court complex in Kuala Lumpur  to protest against the arrest of five lawyers (Fadiah Nadwa Fikri, Syuhaini Safwan, Puspawati Rosman, Ravinder Singh and Murnie Hidayah Anuar), who  of their colleagues late last night. The lawyers were arrested for alleged illegal assembly after attempting to provide legal assistance to a group of individuals who arrested for holding a candlelight vigil in support of activist Wong Chin Huat.

 

• Go back to list

200 lawyers protest against arrests 8 May 2009 12:00 am

©Malaysiakini (Used by permission)

About 200 lawyers have gathered at the lobby of the Jalan Duta court complex in Kuala Lumpur this morning to protest against the arrest of five of their colleagues late last night.

The group of lawyers, growing in numbers by the minute, are waiting for their colleagues to be brought to court from the Brickfields police station where they were held along with 15 others.

The five are .

They were arrested for alleged illegal assembly after attempting to provide legal assistance to a group of individuals who arrested for holding a candlelight vigil in support of Bersih activist Wong Chin Huat, who himself was detained under the Sedition Act.

 

If leaders do not act, there is nothing stopping members from acting…

Sometimes, there is a need to act when the leaders are afraid to act. Initially the Malaysian Bar was  used to issuing statements and making representations to the relevant authorities. They did not have a culture of speedy responses or direct action in the form of protests and peaceful assemblies.

Some 40 lawyers stage a protest outside PJ Police Headquarters  

27 Apr 2006 12:00 am

Surendran, George and Charles handing over the Memorandum of Protest to a police officer

On 18.04.2006, lawyer S. Balasubramaniam (picture), was at PJ Police Headquarters in order to render legal assistance to his clients who had been detained by police.

Despite his repeated requests, the police refused to give him information about the reason for the arrests and the suspected offence that his clients were arrested for.

S. Balasubramaniam was physically pushed and then unlawfully arrested by a plainclothes policeman.

Balasubramaniam was released after 3 hours of detention without reasons being given for his arrest. He lodged a police report (PJ/004538/06) with regard his treatment by the police.

We, the undersigned lawyers, are concerned and very disturbed by the police action of wrongfully harassing, arresting and detaining a lawyer who was there representing and performing his duties as a lawyer for his clients.

We demand that :–

a. That S. Balasubramaniam’s complaint be immediately investigated by an investigation team independent of the PJ Police Headquarters;

b. That stern action be taken against all those police officers responsible for this incident;

c. The police officers responsible be forthwith suspended pending investigation;

d. That the CPO of Selangor/ IGP immediately gives an undertaking that there will be no repeat of such interferences with and/or harassment of an advocate carrying out his duties in any police station in Malaysia.

1 Sharmini Thiruchelvam Kuala Lumpur
2 Colin anak Victor George Malaysian Bar
3 Bernard Chong Malaysian Bar
4 Fadzila Binti Said Malaysian Bar
5 Dara Waheda Mohd Rufin Malaysian Bar
6 Richard Wee Thiam Seng Kuala Lumpur
7 L.Y.Lee Kuala Lumpur
8 Charles Hector Petaling Jaya
9 N.Surendran Kuala Lumpur
10 Ahmad Zainuddin Dataran Palma
11 Khaznim Dataran Palma
12 Leena Ghosh Petaling Jaya
13 Francis Pereira Kuala Lumpur
14 Kasthury S* Petaling Jaya
15 Vasandi K K. Vasandi & Co
16 Ng See Kee Penang
17 George Varughese Petaling Jaya
18 Stanly Sinnapan Kuala Lumpur
19 Moganamball Kuala Lumpur
20 Edmund Bon Kuala Lumpur
21 Jeremy Tan Jeremy & Sazlin
22 Balakrishnan A Bala Naido & ..
23 Nik Mohamed Ikhwan Kuala Lumpur
24 Koong Len Sheng Kuala Lumpur
25 Shanker Sivapragasam Kuala Lumpur
26 Chin Pien Yee Kuala Lumpur
27 Erene Lee Lin Lin Kuala Lumpur
28 John You Choon Kit Kuala Lumpur
29 Puspawati Rosman Kuala Lumpur
30 Fazlina Pawan T eh Kuala Lumpur
31 Nelson Awgang Kuala Lumpur
32 John Yong Tee Kong Puchong
33 Irene Song Lai Kuan Puchong
34 David Charles Petaling Jaya
35 Will Fung Kuala Lumpur
36 R. Shamuga Nathan R.Shan & Associates
37 Grudit Singh R.Shan & Associates
38 Subajayanthi K Negeri Sembilan
39 Yee Seu Kai Ipoh
40 Chong Kok Yew Ipoh
41 Venkadesh Ipoh
42 Zainorah Hassan Ipoh
43 Mohd Syukri Yahaya Ipoh
44 G. Balasunderam Ipoh
45 Kerpal Singh Ipoh
46 Feg Agis Ipoh
47 Lim Ta Wai Ipoh
48 Chan Kok Keong Ipoh
49 Al Hundallah * Ipoh
50 Lai Choe Ken Ipoh
51 Ellanggovan * Ipoh
52 Srividhya Ganapathy Kuala Lumpur
53 Muhendaran Suppiah Kuala Lumpur
54 Kavitha Guna Segaran Kuala Lumpur
55 Liu Meng Wun Kuala Lumpur
56 Modeshanantham V. Perak
57 Leong Kow Hoo Perak
58 Amret Dhillon Perak
59 James Devadason Perak
60 Harbhajan Singh Perak
61 K.C.Lai Perak
62 Mary Lim Perak
63 Leon Julian Perak
64 Annou Xavier Kuala Lumpur
65 Kee Seok Meng Kuala Lumpur
66 Chow Wei Cheng Kuala Lumpur
67 Lim Ching Liew Kuala Lumpur
68 George Miranda Kuala Lumpur
69 Gerald Samuel Kuala Lumpur
70 Khor Lee Chin Kuala Lumpur
71 Kenny Ng Bee Ken Kuala Lumpur
72 Lee Swee Seng Kuala Lumpur
73 G.Nanda Goban Kuala Lumpur
74 Yap Wai Kit Kuala Lumpur
75 Tay Ka Ping Kuala Lumpur
76 Lavinia Kumaraendran Kuala Lumpur
77 Owee Chia Ming Kuala Lumpur
78 Shanthi Supramaniam Kuala Lumpur
79 Priscilly J. Edison, Kuala Lumpur
80 Harmeet Kaur, Kuala Lumpur
81 TM Yap, Kuala Lumpur
81 Lim Yap Kuala Lumpur
82 Ong Bee Koon Kuala Lumpur
83 Lilian Siew Kuala Lumpur
84 Ravindran S Kuala Lumpur
85 Yoong Kien Fah Kuala Lumpur
86 Karina Yong Penang
87 Theivanai Amerthalingam* Penang
88 S. Kumaari Munusamy Penang
89 Jessica Binwani Penang
90 Chong Poh Ken Petaling Jaya
91 Ng Kah Fei Petaling Jaya
92 Tan Ban Cheng Penang
93 Mohamed Fadly Zakaruya Kuala Lumpur
94 Ravindran S Kuala Lumpur
95 Leong Kong Meng Penang
96 Radehayati Johateh Petaling Jaya
97 R. Shanmugam Kuala Lumpur
98 Augustine Anthony Ipoh
99 Ng Poh Tat Ipoh
100 Shaznam Haseena Ipoh
101 Kenneth Gomes Kuala Lumpur
102 Tha*** S*** Ipoh
103 Sunder Singh Ipoh
104 Edwin Seibel Ipoh
105 Joshua Leong Ipoh
106 Raden A.Shauki Perak Bar
107 Christina Loke Kuala Lumpur
108 Lee Woan Chyi Kuala Lumpur
109 Sivarasah Rasiah Kuala Lumpur
110 M. Puravalen Kuala Lumpur
111 Chew Swee Yoke Kuala Lumpur
112 Amer Hamzah Kuala Lumpur
* Some of the names and addresses were unclear – we did our best to try to get it correct.

Related stories:

30 protest unlawful arrest of lawyer

Lawyer 'detained', peers cry foul

Source: Malaysian Bar Website

• Go back to list

30 protest unlawful arrest of lawyer 28 Apr 2006 12:00 am

©The Sun (Used by permission)
By Giam Say Khoon

PETALING JAYA: About 30 lawyers held an hour–long demonstration in front of the Petaling Jaya police headquarters today (April 27, 2006) to protest the mistreatment of a lawyer by the police.

Bar Council representative George Varughese, who led the demonstration, said the protest was over the unlawful arrest and detention of a lawyer last week.

Lawyer S. Bala has reportedly been arrested and detained by police on April 18, 2006, when he was at the police station about 6.30pm to provide legal representation to a client who was detained by police together with 14 Chinese nationals in a restaurant.

Bala told reporters that when he repeatedly sought the reason for his client's arrest, his request was ignored and he was asked to leave.

"When I persisted to know the reason, I was pushed out of the investigation officer's office by two plainclothes police personnel."

He further claimed that while walking down the stairway, he was arrested without being told the reason by another plainclothes policeman, and detained for three hours, before he was finally released.

Bala, who lodged a police report on his mistreatment upon his release, also lodged a complaint with the Bar Council.

The peaceful demonstration held under the watchful eyes of several Federal Reserve Unit personnel carrying batons and shields, dispersed after Varughese handed over a memorandum signed by 103 lawyers to DSP Ahmad Asri Jamaluddin, who represented district police chief ACP Mohd Hazam Abdul Halim.

Mohd Hazam, when contacted later, refused to comment on the protest.

Varughese said it was an unfair treatment as it was not proper for a lawyer, who was performing his or her duties by representing his or her client, to be arrested without being told why.

He said the Bar Council will meet Inspector–General of Police Tan Sri Mohd Bakri Omar to demand a full investigation over the incident.

In the memorandum, the lawyers demanded that:

*Bala's complaint be immediately investigated by an investigation team independent of PJ police headquarters;

*stern action be taken against the police officers responsible for the incident;

*the officers responsible be suspended pending investigation; and

*the IGP provide an undertaking that there will be no repeat of such interference with and/or harassment of lawyers carrying out their duties while in police stations.

Lawyer 'detained', peers cry foul 27 Apr 2006 12:00 am

©Malaysiakini (Used by permission)
By Andrew Ong

S Bala went looking for his client who was arrested during a raid at a restaurant earlier in the night. But what the lawyer had not expected, was to land in detention himself.

Bala’s April 18 ordeal began when we went to the Petaling Jaya district police headquarters after being informed of the arrest.

There, he was supposedly given the run–around for about two–hours before finally being told the name of the police officer who led the raid.

After this, the 34–year–old lawyer claimed he was harassed by two plainclothes policemen who refused to allow him to meet the officer.

When he persisted, the policemen purportedly grew annoyed and began to shove him about. An irate Bala then responded: “There is no need to be kurang ajar (rude)”.

Realising that he was getting no where, Bala proceeded to leave the police headquarters but was arrested by another plainclothes policeman and detained in the operation room for three hours.

Contacted today, the lawyer, who has been practicing for nine years, said he was more upset with the police withholding information regarding his client compared to his detention.

“I am not against the entire force but just a few police officers. The police should learn to allow lawyers to serve their clients without fear or favour and be more transparent,” he added

It is learnt that Bala had lodged a police report over the matter.

Bad precedent

The incident had enraged his peers, leading some 40 lawyers to stage a protest outside the police headquarters this morning.

Under the watchful eyes of five Light Strike Force personnel, the lawyers argued with police officers to be allowed to meet district police chief Mohd Hazam Abd Halim.

However, the police officers remained adamant and the lawyers handed a protest note to a representative.

Contacted later, Mohd Hazam declined comment.

Met at the scene, Bar Council representative George Varughese said the council is urging for an independent inquiry on the matter.

Meanwhile, lawyer N Surendren warned that the incident would set a bad precedent resulting in more lawyers being obstructed from dispensing their duties.

“If a lawyer can be treated like (Bala), then no Malaysian citizen can be safe as lawyers would not be able to do their job,” he said.

Another lawyer R Sivarasa said that the reluctance of Mohd Hazam to meet the group showed that the police were not interested in investigating complaints against members of the force.

The media was also barred from entering the police headquarters.