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.
According to BERNAMA News Agency, the judge stated that the award of RM15,000 for each plaintiff fairly represents the injuries established in these proceedings, acknowledging the constitutional rights infringed while remaining proportionate to the nature and duration of the detention. The 13 activists were arrested during a vigil to mourn those who died from COVID-19 at Dataran Merdeka on August 19, 2021. They sued 27 defendants, including 23 police officers, the Home Ministry, the Inspector-General of Police, the Royal Malaysia Police, and the government, seeking a declaration of unlawful arrest and false imprisonment.
In his judgment, Judge Anand declared the arrests and subsequent detention as unlawful, concluding that their detention at Dang Wangi District Police Headquarters constituted false imprisonment due to the unlawful arrests. Furthermore, the plaintiffs' rights under Articles 5(1) and 5(3) of the Federal Constitution were found to have been violated.
The plaintiffs complained under Article 5(3) that they were denied a reasonable opportunity to consult and be defended by legal practitioners of their choice. Anand emphasized the importance of Article 5(3) as a constitutional safeguard ensuring meaningful access to legal advice within a reasonable time. The court found that the plaintiffs were not given a reasonable opportunity to consult legal practitioners before critical investigative steps were undertaken, thus infringing their rights under Article 5(3).
The court also held the government vicariously liable for the unlawful arrest and detention by the IPD Dang Wangi. However, the judge dismissed the plaintiffs' claims for aggravated and exemplary damages and their claim for 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.