High Court ordered government and police to pay RM195,000 to 13 activists for wrongful arrest during a 2021 vigil
KUALA LUMPUR: The High Court here today ordered the government and the police to pay a total of RM195,000 in damages to 13 activists for their wrongful arrest during a candlelight vigil held at Dataran Merdeka in 2021 amid the COVID-19 pandemic.
Judge Datuk Anand Ponnudurai awarded each plaintiff RM15,000 in general damages.
“Having regard to the totality of the evidence in this case, this court considers that an award of RM15,000 to each plaintiff fairly and appropriately reflects the injuries established in these proceedings. That award also recognises the importance of the constitutional rights infringed whilst remaining proportionate to the nature and duration of the detention as well as the absence of aggravating features,” he said in his judgment today.
The 13 activists were among those arrested during the vigil on Aug 19, 2021. They sued 27 defendants, including police officers, the Home Ministry, the Inspector-General of Police, and the government, seeking a declaration of unlawful arrest and false imprisonment.
In his judgment, Judge Anand said the arrests and detention were unlawful. “The court therefore concludes that the plaintiffs’ detention at Dang Wangi District Police Headquarters (IPD Dang Wangi) constituted false imprisonment arising directly from the unlawful arrests,” he said.
The judge also held that the plaintiffs’ rights under Articles 5(1) and 5(3) of the Federal Constitution had been violated. He said Article 5(3) embodies an important constitutional safeguard designed to ensure that a person who has been arrested is afforded meaningful access to legal advice within a reasonable time. The guarantee is directed not merely at the formal availability of legal representation but at ensuring that such representation is capable of serving its intended purpose.
“The court therefore finds that the plaintiffs were not afforded a reasonable opportunity to consult legal practitioners before material investigative steps were undertaken. To that extent, their rights under Article 5(3) were infringed,” he added.
Judge Anand said the government was vicariously liable for the unlawful arrest and detention. He dismissed claims for aggravated and exemplary damages and the tort of misfeasance in public office.
The plaintiffs were represented by lawyers Kee Hui Yee and New Sin Yew, while Federal Counsel Anis Najwa Nazari appeared for the defendants.
