KUALA LUMPUR: Former Inspector-General of Police Tan Sri Musa Hassan and CID Director Datuk Seri Mohd Bakri Mohd Zinin have been ordered to be present in court on Oct 28, for the decision on contempt proccedings intiated by two youths over their rearrest under the Emergency Ordinance 1967.
High Court Judge Datuk Mohd Sofian Abd Razak agreed with counsel Datuk N. Sivananthan that both should be present in court for the decision like any other respondents.
"On the decision day, they should be in court, nobody is above the law and this is a court of law where nobody should be given any exemption," Sivananthan pointed out.
Mohd Sofian said he concurred with Sivananthan that intergrity of the court needed to be preserved.
"I don't want to give the wrong message to the public. Irrespective of the findings of the court, they have to be here at 8.30am on Oct 28," ordered Mohd Sofian.
Earlier, Senior Federal Counsel Najib Zakaria sought the court's directive whether both of them could be exempted from being present on that day but said he would ensure that both of them (Musa and Mohd Bakri) would be present if the court cited them for contempt on that day.
"I have been told that Musa is not in the country and performing his umrah in Mecca, while Mohd Bakri should not be much of a problem," added Najib.
R. Muniyandi, 26, of Kluang, Johor and B. Sasinthiran, 28, of Kuala Selangor, had been detained under the Emergency Ordinance (EO) for their alleged involvement with gangsterism and other criminal activities.
Muniandy succeeded in obtaining a habeas corpus writ from the High Court here on June 10 this year, but was rearrested immediately after he stepped out Simpang Renggam Rehabilitation Centre in Johor on June 23.
Meanwhile, Sasinthiran obtained his writ on July 29 but was rearrested on the following day.
On Sept 30, both men had succeeded in their bid to initiate contempt proceedings against Musa and Bakri for not complying with court orders to release them.
During today's proceedings, Sivananthan submitted that both respondents had failed to answer the allegations against them via affidavits in reply.
The law was clear on this matter where they must respond to the allegations, and if they did not reply, they were deemed to have admitted the allegation made by Muniyandi and Sasinthiran, he said.
"It's extremely strange that they decided to remain silent and it's quite outrageous that they should have replied eventhough both of them chose not to be present in the court today," added Sivananthan.
Meanwhile, Najib in his submission said the application had no merit and was made without basis.
"Even if Musa and Bakri were said to be involved in arresting the applicants, such act cannot per se constitute contempt of court.
"The court cannot stop the police from exercising their duties. The IGP cannot be held liable for contempt under the doctrine of vicarious liability," stressed Najib.
He also told the court that there was no order from the court to prevent a subsequent arrest and prayed to the court to dismiss the application.
High Court Judge Datuk Mohd Sofian Abd Razak agreed with counsel Datuk N. Sivananthan that both should be present in court for the decision like any other respondents.
"On the decision day, they should be in court, nobody is above the law and this is a court of law where nobody should be given any exemption," Sivananthan pointed out.
Mohd Sofian said he concurred with Sivananthan that intergrity of the court needed to be preserved.
"I don't want to give the wrong message to the public. Irrespective of the findings of the court, they have to be here at 8.30am on Oct 28," ordered Mohd Sofian.
Earlier, Senior Federal Counsel Najib Zakaria sought the court's directive whether both of them could be exempted from being present on that day but said he would ensure that both of them (Musa and Mohd Bakri) would be present if the court cited them for contempt on that day.
"I have been told that Musa is not in the country and performing his umrah in Mecca, while Mohd Bakri should not be much of a problem," added Najib.
R. Muniyandi, 26, of Kluang, Johor and B. Sasinthiran, 28, of Kuala Selangor, had been detained under the Emergency Ordinance (EO) for their alleged involvement with gangsterism and other criminal activities.
Muniandy succeeded in obtaining a habeas corpus writ from the High Court here on June 10 this year, but was rearrested immediately after he stepped out Simpang Renggam Rehabilitation Centre in Johor on June 23.
Meanwhile, Sasinthiran obtained his writ on July 29 but was rearrested on the following day.
On Sept 30, both men had succeeded in their bid to initiate contempt proceedings against Musa and Bakri for not complying with court orders to release them.
During today's proceedings, Sivananthan submitted that both respondents had failed to answer the allegations against them via affidavits in reply.
The law was clear on this matter where they must respond to the allegations, and if they did not reply, they were deemed to have admitted the allegation made by Muniyandi and Sasinthiran, he said.
"It's extremely strange that they decided to remain silent and it's quite outrageous that they should have replied eventhough both of them chose not to be present in the court today," added Sivananthan.
Meanwhile, Najib in his submission said the application had no merit and was made without basis.
"Even if Musa and Bakri were said to be involved in arresting the applicants, such act cannot per se constitute contempt of court.
"The court cannot stop the police from exercising their duties. The IGP cannot be held liable for contempt under the doctrine of vicarious liability," stressed Najib.
He also told the court that there was no order from the court to prevent a subsequent arrest and prayed to the court to dismiss the application.
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