Three Tangkap Malaysian Official 1 (MO1) student activists have filed a suit against the police at the Ipoh High Court today for allegedly denying them legal access during their arrest last month.
The students – Muhammad Luqman Hakim Mohd Fazli, Mohamad Luqman Nul Hakim Zul Razali and Muhammad Ashraff Nazrin Noor Azman – were arrested on Aug 20 when trying to enter UiTM’s Seri Iskandar campus in Ipoh, Perak to promote last Saturday’s rally.
“The plaintiffs want the court to declare that they have the right to enjoy legal service and access to lawyers as enshrined under the Federal Constitution and Section 28A of the Criminal Code Procedure,” said lawyer Mohd Fitri Asmuni.
He said they also want the court to declare that denying them access to legal aid was unconstitutional.
The trio are seeking general damage, aggravated damages and exemplary damages.
Inspector Khoo Thean Heng, who is the investigation officer from the Perak Tengah Police District Headquarters, inspector-general of police Khalid Abu Bakar and the government were named as respondents.
The summon was filed through law firm Tetuan Awi & Co.
The students had previously accused the investigating officer of denying them their right to a lawyer during the remand hearing, by allegedly giving false information regarding the location of the Magistrate’s Court.
The purportedly false information was said to have resulted in the trio being remanded for three days.
The three are being investigated under Section 9(5) of the Peaceful Assembly Act 2012 for holding an assembly without prior notice, and Section 447 of the Penal Code for criminal trespassing.
If found guilty, they face a fine of up to RM10,000 under the Peaceful Assembly Act 2012, and up to six months’ jail or a maximum fine of RM3,000, or both under the Penal Code.
The trio were released on police bail on Aug 22