Unlawful Magistrates Order to stop Hindraf Rally defied

This unprecedented Magistrets Court Order which has the force and effect of a Prohibitory Order is unheard of and unprecedented. Of all persons the Attorney
General Tan Sri Gani Patail should know better that a Prohibitory Order is a Prerogative Writ which can only be issued by a High Court. The only instance the Magistrets Court issues such orders under the Criminal Procedure Code is to stop a nuisance for example against an ex-husband harassing his wife or a neighbour creating a nuisance by throwing rubbish into his next door neighbour’s house etc. Even then why could this order not have been obtained inter partes that is after having heard both parties. Why is the AG going for “summary Judgement” through the back door or speedy justice especially so in a criminal matter. But we defied this unlawful Court Order.Even at this juncture this ASP was never named as a party in the Court Order.Only the five Hindraf lawyers  Waytha Moorthy,Manoharan Malayalam,Kengadharan,Ganabatirau and myself were named as was reported in The New Straits Times on the 25th November 2007 at page 4. Kenga never attended this Hindraf Rally while Ganabatirou backed out from speaking at all.I don’t blame them as the heat was really on us at that time.

The effect of this Magistrets Court Order has very serious implications. It goes to the very root of fundamental liberties in guaranteeing the liberty of the person as provided for in Article 5 of the Federal Constitution. Why is the Attorney General tarnishing the image of the Judiciary by creating a stronger perception that the Judiciary is subservient to UMNO? In any event we had filed an urgent appeal by way of a Revision on Saturday 24/11/07 and with a covering letter to the Senior Assistant Registrar appealing for an urgent hearing that very same afternoon. Of course we never saw the light of the day of this application. One may ask how can you file your application on a weekend Saturday and expect a hearing the very same day. Well what choice did we have. The application was served on me on a Friday morning and just as I started preparing my appeal to the High Court, I was arrested at about 10.30 am and by the time I was released on bail by the Klang Sessions Court it was already about 6.00 p.m.. I was some years earlier given to understand by a lawyer friend who was later allevated as a High Court Judge that there was always a duty High Court Judge on the weekend. When I asked him how we establish and locate the weekend duty Judge, he replied that the local police would know and that they would also have the Judge’s telephone number in the event of an emergency.