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 a candlelight vigil to mourn those who died from Covid-19 at Dataran Merdeka on Aug 19, 2021.
They sued 27 defendants, including the 23 police officers involved in the operation, the Home Ministry, the Inspector-General of Police (IGP), the police, and the government, among others, seeking a declaration that they had been unlawfully arrested and falsely imprisoned.
In his judgment, Judge Anand said the plaintiffs' arrests and subsequent detention on Aug 19, 2021, 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.
According to the judge, the plaintiffs complained under Article 5(3) that they had been denied a reasonable opportunity to consult and be defended by legal practitioners of their choice.
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.
Anand said the court also found that the government was vicariously liable for their unlawful arrest and detention by the IPD Dang Wangi.
However, he dismissed the plaintiffs' claims for aggravated and exemplary damages, as well as 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. - Bernama
