Thursday, July 07, 2011

Order against 91 should not have been obtained in 'secret' and without those affected given the right to be heard...

I am shocked at the fact that it looks like they went and applied for this order - without even giving a chance for the persons affected to be able to be present before the Magistrate to argue why the order should not be given.
They can "in cases of emergency or in cases where the circumstances do not admit of the serving in due time of notice upon the person against whom the order is made' apply for and get the order ex-parte without the presence of the persons who will be affected by the said order. But surely, in this case, it would have been so easy to inform the persons affected by the order about the said application, and I am sure that they(if not all, at least some) would have rushed to court and argued why the order should not have been given.

Look at the names, and I am sure that the police certainly have their handphones - and an SMS would have been sufficient, and they would have come to court with their lawyers.
Ambiga, for example is a lawyer, and a fax to her law firm would have been so easy to do. I am sure they have all the phone numbers of the others.

And guess what, they made an application for this order yesterday and revealed only late Thursday - just 2 days before the 9/7/2011, and I wonder whether they have even now made any efforts to serve the order and the necessary papers used to make this application. Maybe, they may do it tomorrow - and hence there will be little time to set aside the order. 

When did they make that application? Malaysiakini and Star reports does not tell us much, but the Malaysian Insider report seem to indicate that the made and got the order yesterday - not today. Note also in the updated Malaysiakini report, it seems to suggest that the application was indeed made yesterday - and the order was given yesterday - " The police chief added that the order was approved yesterday..."

KUALA LUMPUR, July 7 — The police obtained a restriction order from the magistrate’s court yesterday under Section 98 of the Criminal Procedure Code to prevent 91 individuals from entering the city. - Malaysian Insider, 7/7/2011,List of individuals barred from KL this Saturday
Malaysiakini report came out 4.44pm, and the Star online report was at 4.54pm - so does this mean, that the fact of the application, the hearing before the Magistrate and even maybe the fact that the order had been obtained (possibly yesterday?) was all intentionally suppressed until late Thurday intentionally to prevent any application to cancel it? 

This is a 'hot issue' and all the mainstream and alternative media agencies would have carried the news almost instantaneously online - was there a conscious suppression of information here? - maybe my friend, Amar Singh, the KL Deputy Police Chief can throw some light on this. And, if the application was made on Wednesday - surely no justification for it to be heard 'ex-parte' without the knowledge or the presence of those who will be affected by this order. They should have been given the right to be heard...

I am shocked also with the Magistrate who allowed himself/herself to be used in this manner - She/He should have just told them to immediately inform the affected parties so that the hearing could have proceeded with all(or some of) the affected parties and their lawyers present. An hour or 2 hours notice would have been sufficient for most (if not all) and their lawyers to make their way to court - as most, I believe are in KL. Anyway, it is about restriction of activity on Saturday, and since the application was made on Wednesday - it was more than reasonable to have postponed the hearing to Thursday and instructed the police (or the government lawyers) to serve or at least give notice to Ambiga and others that the hearing will proceed at this time Thursday..or even Friday. There is no justification for a 'secret' application to get this order.

Unfortunately, we still do not know the name of this Magistrate - let alone the full details of the said order, save for the names of those affected.

Guess what, they have also got the same order against persons currently detained under the Detention Without Trial laws(maybe ISA or the Emergency (Public Order and Prevention of Crime) Ordinance - in their list, I saw the names of Saraswathy and Choo Chon Kai, so is this indication that they will be released today or tomorrow.

Section 98 (Criminal Procedure Code) 
98.  Power to issue order absolute at once in urgent cases of nuisance.
(1) In cases where in the opinion of a Magistrate immediate prevention or speedy remedy is desirable that Magistrate may, by a written order stating the material facts of the case and served in the manner provided in section 90, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management if the Magistrate considers that the direction is likely to prevent or tends to prevent obstruction, annoyance or injury to any persons lawfully employed, or danger to human life, health or safety, or a riot or any affray.

(2) An order under this section may in cases of emergency or in cases where the circumstances do not admit of the serving in due time of notice upon the person against whom the order is made be made ex parte.

(3) An order under this section may be directed to a particular person or to the public generally when frequenting or visiting a particular place.

(4) Any Magistrate may rescind or alter any order made under this section by himself or his predecessor in office.

(5) No order under this section shall remain in force for more than seven days from the making of it.

Malaysiakini Report

Cops: Restriction order against 91 individuals
Regina Lee
Jul 7, 11
The police have placed a restriction order on 91 individuals, including organisers of the Bersih 2.0, Perkasa and Umno Youth's Patriot rallies.

NONEThe order is to stop any of the 91 from being present at several spots in Kuala Lumpur on July 9.

"This means that anyone (on the list) caught present at these areas will be arrested on sight," said the city deputy police chief Amar Singh.

Top on the list are the Bersih 2.0 steering committee members, including Ambiga Sreenevasan, Wong Chin Huat and Maria Chin Abdullah.

Also on the list are Pakatan Rakyat leaders, such as opposition leader Anwar Ibrahim, PAS spiritual adviser Nik Aziz Nik Mat, his party's deputy-president Mohamad Sabu, DAP parliamentary leader Lim Kit Siang and social activist Hishamuddin Rais.
Fourteen from Perkasa, including its president Ibrahim Ali and other top leaders such as Ab Rahman Ab Bakar and Syed Hassan Syed Ali.

Umno Youth leaders also included in the list are Umno Youth chief Khairy Jamaluddin Abu Bakar, secretary Megat Firdouz Megat Junid and information chief Reezal Merican Naina Merican and eight others.
“This order is to avoid from any activity that can disrupt public order or bring danger to human lives and security.

“With this, they are barred and given warning not to be present or take any part in any assembly in those places on July 9 from 8am to 6pm,” said Amar during a press conference in the Kuala Lumpur police headquarters this evening.

A breach of the order would contravene Section 188 of the Penal Code for disobedience to an order duly promulgated by a public servant, punishable by up to six months' jail or up to RM2,000 fine or both.

The police chief added that the order was approved yesterday and that it has been sent out to the 91 individuals.

Mix-up in list

When asked how the police decided on the 91 individuals, Amar said that it was based on police investigation over the past few weeks.
However, it was evident that although 66 people were listed as Bersih 2.0 supporters, some of them were clearly either Umno members or anti-Bersih.

NONEAmong those on the Bersih 2.0 list are former deputy minister Khalid Yunus, Kulim-Bandar Baharu MP Zulkifli Noordin, Gagasan Melayu Perak president Mohd Hilmi Ismail and national scout chief commissioner Kamaruddin Kachar.

Even Perkasa leaders were listed under Bersih 2.0 supporters such as Negeri Sembilan, Kelantan and Terengganu commissioners Mohd Noor Nordin Abdullah, Sibri Ismail and Mohd Lukman Muda respectively.

The list has also includes at least one mistake. Perkasa vice-president Zubir Harun was listed twice - in the Perkasa and Bersih 2.0 list.

Road closures from Saturday morning

According to the order signed by a Kuala Lumpur Magistrate, the 91 are barred from being along Jalan Syed Putra, Jalan Istana, Jalan Bukit Petaling, Jalan Bellamy and the area surrounding Istana Negara.

They are also barred from Jalan Sultan Hishamuddin, Jalan Lembah Perdana, Jalan Cenderasari and the area around Masjid Negara.

The police also listed Dataran Merdeka, Central Market, Masjid Jamek, Dataran DBKL, Sogo shopping mall, Maju Junction, Kampung Baru mosque, Jalan Kinabalu, Jalan Kuching, Jalan Sultan Ismail, Jalan Haji Taib, Jalan Raja Muda Musa, Jalan Raja Bot, Jalan Dang Wangi, Jalan Munshi Abdullah, Jalan Gereja, Jalan Raja Chulan, Jalan Tun Perak, Jalan Tun Tan Cheng Loke, Jalan Sultan Mahmud as restricted areas to the 91.

Although there were already numerous roadblocks around the country since yesterday, Amar said that the city police will be closing roads and diverting traffic from Friday midnight.

He also said that the police have not received any police permit applications to assemble at press time.- Malaysiakini, 7/7/2011, Cops: Restriction order against 91 individuals

Star Report

Published: Thursday July 7, 2011 MYT 4:54:00 PM
Updated: Thursday July 7, 2011 MYT 5:29:57 PM

91 barred from entering KL business district on July 9

KUALA LUMPUR: The police have obtained a restriction order preventing 91 people, including Bersih organisers, Patriot/Umno Youth and Perkasa from entering the city central business district on Saturday.

Acting city police chief Senior Asst Comm Datuk Amar Sing said the police would enforce the order under Section 98 of the Criminal Procedure Code if any one of the names stated in the order defied the restriction.

Those on the list include Bersih chief Datuk S. Ambiga, Umno Youth chief Khairy Jamaluddin and Perkasa president Datuk Ibrahim Ali

"They can be liable and charged under Section 188 of the Penal Code with Disobeying a Lawful Order of the Court which carries a maximum six months imprisonment or a fine or both upon conviction," he said here Thursday. - Star, 7/7/2011, 91 barred from entering KL business district on July 9

Malaysian Insider Report

List of individuals barred from KL this Saturday

July 07, 2011
KUALA LUMPUR, July 7 — The police obtained a restriction order from the magistrate’s court yesterday under Section 98 of the Criminal Procedure Code to prevent 91 individuals from entering the city.
Below are the names:


Dato’ Paduka Ibrahim Ali
Daruk Ab Rahman bin Abu Bakar
Syed Hassan bin Syed Ali
Irawah Fahmi bin Ideris
Roslan bin Kassim
Sharifuddin bin Abd Hamid
Dr Zubir bin Harun
Hj Ameir bin Hj Hassan
Dato’ Ahmad bin Saad
Ahmad Zaini bin Ismail
Muhammad Zaid Md Arip
Abdullah Mansor
Zaira bte Jaafar
Norkhaila binti Jamaludin

Pemuda Umno

Khairy Jamaluddin Abu Bakar
Dato’ Megat Firdouz Tan Sri Megat Junid
Dato’ Seri Reezal Merican Naina Merican
Megat Zulkarnaian Dato’ Omardin
Rizalman Dato’ Mokhtar
Tengku Azman bin Tengku Zainol Abidin
Lokman Noor Adam
Datuk Abdul Azeez bin Rahim
Ungku Saleh bin Ungku Jamal
Arman Azha bin Abu Hanifa
Tun Faisal Ismail bin Aziz


Datuk Ambiga Sreenevasan
Mohamad bin Sabu
Hishamuddin bin Md Rais
Khairul Anwar bin Ahmad Zainuddin
Maria Chin Abdullah
Chua Tian Chang
Kamarulzaman bin Mohamad
Dr Mohd Hatta bin Md Ramli
Syed Shahir bin Syed Mohamud
Syed Ibrahim bin Syed Noh
Teresa Kok Suh Sim
Badrul Hisham Shaharin
Shamsul Iskandar bin Mohd Akin
Arutchelvam A/L Subramaniam
Wong Chin Huat
Ong Boon Keong
Enalini A/P Elumalai
Haris Fathillah Sathiasingam bin Mohd Ibrahim
Dato’ Khalid Yunus
Dato’ Zulkifli Noordin
Dr Zubir bin Harun
Dato’ Seri Abd Hadi Awang
Datuk Seri Anwar Ibrahim
Lim Kit Siang
Nik Abdul Aziz bin Nik Mat
Nurul Izzah bt Anwar
Kohila A/P Yanasekaran
Zaid bin Kamaruddin
Khoo Teng Swee
Fadiah Nadwa binti Fikri
Yap Swee Seng
Salahuddin Ayub
Dato’ Mahfuz Omar
Nasarudin Hasan
Mazlan Aliman
Dr Syed Azman Syed Nawawi
Dr Dzulkifli Ahmad
Dr Mujahid Yusof
Khalid Abd Samad
Datuk Seri Mohammad Nizar Jamaluddin
Azman Shapawi Abd Rani
Suhaizan Kaiat
Nor Azli bin Musa
Mohd Firdaus Jaafar
Loke Siew Fook
Lau Wen San
Mohd Azmin Ali
Mat Shuhaimi Shafie
Satipul Bahari bin Amamt
Wan Hassan bin Mohd Ramli
Mohamad Izzudin Hilmi bin Mohd Zaini
Mohd Shazni Munir bin Mohd Ithnin
Muhammad Hilman bin Idham
Mohd Shukri bin Che Ab Razab
Mohd Syukri bin Kamaruddin
Ahmad Syazwan bin Muhammad Hasan
Choo Chon Kai
Sarasvathy A/P Muthu
Soh Sook Hwa
Nurul Izham bin Nurul Anuar
Abd Rahim bin Osman
Mohd Sibri bin Ismail
Mohd Lukam bin Muda
Datuk Prof Kamaruddin bin Kachar
Dato’ Hj Mohd Noor Nordin bin Abdullah
- Malaysian Insider, 7/7/2011, List of individuals barred from KL this Saturday

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