Hornbill Unleashed

April 30, 2014

Court upholds decision in favour of Bar Council

Filed under: Politics — Hornbill Unleashed @ 7:00 AM
Tags: , ,

Bar Council DBKLBernama

The Court of Appeal today upheld a high court order which compels the DBKL to pay damages to the Bar Council for trespass and tearing down its banners at its premises in 2007.

The Court of Appeal here today upheld a High Court decision to order the Kuala Lumpur City Hall (DBKL) to pay RM12,320 in damages to the Bar Council for trespass and tearing down three banners at its premises to celebrate Human Rights Day in 2007.

A three-member panel chaired by Justice Abdul Wahab Patail unanimously dismissed DBKL’s appeal to set aside the High Court’s decision.

Also presiding on the panel were Justices Azahar Mohamed and Hamid Sultan Abu Backer.

In 2009, the Bar Council filed a civil action against Kuala Lumpur mayor claiming that several DBKL officers had entered its premises at Jalan Leboh Pasar Besar, Kuala Lumpur on Dec 9, 2007 and pulled down and confiscated the banners.

The Bar claimed that the DBKL officers’ acts were unlawful and unconstitutional.

The three banners stated ‘Stop the Patronage, Stop the Rot’, ‘As I Believe Freedom of Expression through Art, Music, Culture and Conscience…’ and ‘Rakyat Hakim Negara’ (People are the nation’s judge).

The Bar Council sought special, general, aggravated and exemplary damages.

In his defence, Kuala Lumpur mayor denied that the acts of his officers were unlawful and maintained that they had entered the premises because the Bar had failed to obtain a licence for putting up the banners under the Advertisements (Federal Territory) By-laws 1982.

The mayor added that pursuant to the By-laws, his officers were authorised to enter any premises to remove banners without a DBKL licence.

On Sept 26, last year, the High Court decided in favour of the Bar Council and awarded it RM320 in special damages and RM12,000 in general damages.

It ruled that the banners on human rights did not fall within the realm of ‘advertisement’ which required a licence from DBKL.

The High Court held that the requirement for banner licence only applied for a commercial product or service.

DBKL was represented by lawyer B. Thangaraj while lawyers Ranjit Singh, Razlan Hadri Zulkifli and Jamie Wong appeared for the Bar Council.

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1 Comment »

  1. Reblogged this on Ivory Low and commented:
    DBKL is a gangster

    Comment by Ivory Low — May 1, 2014 @ 11:17 AM | Reply


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