Home TA Online 2011 TA Online To the magistrates of Malaysia

To the magistrates of Malaysia

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Detained Member of Parliament Dr Jeyakumar Devaraj wrote this message before 10 July 2011 during his ongoing detention.

I hope some of you will get to read this letter. On 25 June 2011, 31 of us who were on a bus were detained by the police at the Sungai Dua Toll, close to Kepala Batas, Penang. We were conducting the ‘Udahlah tu….Bersaralah’ campaign telling people to think carefully before voting in PRU13.

The OCPD at the IPD in Seberang Prai told us that he had information that we had weapons on board the bus. Of course we hadn’t, and we thought we would be released later that evening after our bus was searched. But we were held overnight.

The next morning we were flabbergasted when the police applied for a one-week remand saying that they were investigating us under section 122 of the Penal Code, “collecting weapons and people to wage war on the Agung.” The police got their one week.

I would like Malaysian magistrates to give particular attention to this next point – despite remanding us for one week to investigate the S122 offence, the police did not send a team to search my office in Sungai Siput or my house in Ipoh or any PSM office anywhere. Surely if the 122 charge was for real (but there were absolutely no weapons on the bus), it would be extremely negligent of the police to not search my office or home!

This brings us to the conclusion that the police themselves didn’t believe in the 122 charge from the outset. They used it to shock the magistrate into granting a one-week remand for all 30 of us.

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This is a fact Malaysian magistrates must be made aware of when conducting remand applications. Our police sometimes bluff and audaciously at that. In doing so, they are misusing their powers to detain people for long periods!

Article 5(1) of our Federal Constitution says no person shall be deprived of his life or personal liberty save in accordance with the law. In our case, our liberty has been denied by a blatant misuse of the law! So, Malaysian magistrates please don’t believe everything the police claim!

The doctrine of separation of powers is meant to prevent injustices such as this!

Dr Jeyakumar Devaraj is a Member of Parliament from the Socialist Party of Malaysia, currently detained without trial under the draconian Emergency Ordinance – the other ISA. He is also an Aliran member.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
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  4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
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Paramasvaran Kandiah
Paramasvaran Kandiah
12 Jul 2011 7.23pm

When names like Razak, Mahathir, Najib, etc disappear from the memory of Malaysians, the names of our Heroes like Dr Jeyakumar will be told again and again around fires in the camps and, in schools and colleges when correct history books are written instead of the version by those whose profession is to be Cronies.

Paramasvaran Kandiah
Paramasvaran Kandiah
12 Jul 2011 6.45pm

The training ground for future Legal luminaries and Judicial service Officewrs like the AG is the Magistrates’ Courts. Youngsters with barely any exposure to the tricks of the Police and the MACC are placed in positions where Life, Liberty and the Right to Happiness are involved. They are Victims of a merciless Society and more so, when most Legal matters are still in English. It is doubtful if they even bothe to chjeck and satisfy themselves before issuing an order. With the respect that the Rakyat hold for the Judiciary it is doubtful if Law as we knew it 35 years ago would ever return to Malaysia. The politicians have ruined it beyond redemption.

mohd ramli
mohd ramli
12 Jul 2011 6.04pm

Mr Jeya,
… dia punya bomoh cakap tangkap, nanti dapat telur. Hantu raya mistilah ikut bomoh yang bagi telur.
Kalau nasib baik dapat bomoh temberang. …. Nasiblah no

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