Majlis Peguam Malaysia telah meluluskan 11 usul (sila lihat di 
bawah) yang dikemukakan oleh Sdr Ragunath Kesavan (foto kanan) pada Mesyuarat Agung Luarbiasa semalam. Tahniah dan syabas atas keberanian menegakkan keadilan. Sumber teks dan gambar dari Malaysianbar.
Salah satu usul Ragunath, Presiden MPM ialah mendesak agar Menteri Dalam Negeri, Ketua Polis Negara.......meletak jawatan.
"7. Demands the resignation of the Minister for Home Affairs, the Inspector-General of Police, OCPD ACP Wan Abdul Bari bin Wan Abdul Khalid and DSP Jude Pereira of the Brickfields police station over this shameful incident.
Bar's EGM: Multitude of lawyers unanimously condemn arrest of lawyers Friday, 15 May 2009
A heartening multitude of 1,429 lawyers and 81 chambering students unanimously and unequivocally called for the resignation of the Minister for Home Affairs, the Inspector-General of Police and the OCPD of the Brickfields police station at the Malaysian Bar’s Extraordinary General Meeting (EGM) this afternoon.
The EGM was called following the arrest of five Kuala Lumpur Legal Aid Centre (KL LAC) lawyers at Brickfields police station last Thursday evening. The five lawyers – Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan – were arrested when they tried to gain access to their clients who had themselves been arrested earlier that evening, for participating in a candlelight vigil in support of arrested political scientist Wong Chin Huat.
Motion
Whereas on the night of 7 May 2009, five members of the Kuala Lumpur Legal Aid Centre, Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan (collectively known as the “LAC Lawyers”), in their capacity as Advocates & Solicitors, had requested the police at the Brickfields Police Station for access to the detained persons who were arrested that same night whilst holding a candlelight vigil at the same Police Station over the recent arrest of political scientist Wong Chin Huat.
Whereas Article 5(3) of the Federal Constitution entrenches the fundamental right of a person to consult and be defended by the legal practitioner of his/her choice. Further, sub-sections 28A(2) to (7) of the Criminal Procedure Code (“CPC”) set out in detail the rights of arrested persons including their right to communicate and consult with a legal practitioner of their choice.
Whereas the Police denied the LAC Lawyers access to the detained persons, the Police, without any reasonable grounds, proceeded to arrest the LAC Lawyers and only released them on police bail the following day at around 3 p.m., notwithstanding the repeated requests by other lawyers for their immediate release.
NOW IT IS HEREBY RESOLVED THAT THE MALAYSIAN BAR:
1. Strongly condemns and denounces the wrongful arrest, detention and interrogation of the LAC Lawyers.
2. Strongly condemns and denounces the blatant transgression of the rule of law and the constitutional right of every person to counsel and access to justice.
3. Strongly condemns the unnecessary arrest and detention of those exercising their constitutional right to assemble peaceably.
4. Strongly condemns the arbitrary, improper and frequent resort by the Police to section 28A(8) of the Criminal Procedure Code, thus denying an arrested person access to counsel and making the right provided under section 28A(3) meaningless.
5. Strongly condemns and denounces the appalling treatment of the LAC lawyers and all those held in custody, including compelling them to wear lock up uniforms and unnecessarily handcuffing them.
6. Strongly condemns and denounces the Police for deliberately refusing to disclose to their family or their lawyers any information in relation to the LAC lawyers after their arrest, including their location and their next course of action.
7. Demands the resignation of the Minister for Home Affairs, the Inspector-General of Police, OCPD ACP Wan Abdul Bari bin Wan Abdul Khalid and DSP Jude Pereira of the Brickfields police station over this shameful incident.
8. Condemns the gross abuse of police powers and demands that the Government offer an unconditional apology to the LAC Lawyers.
9. Demands that the Government commit to and uphold the Rule of Law as enshrined in the Federal Constitution.
10. Reiterates its previous calls on the Government to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in its original form to serve as an independent external oversight mechanism.
11. Demands that the Government uphold and defend the fundamental rights of advocates and solicitors to discharge their responsibilities to their clients in an environment free from threats and intimidation and unhindered by law enforcement agencies.
Proposed by: Ragunath Kesavan
Dated: 8 May 2009
The motion, as amended, was unanimously carried.
MAJLIS PEGUAM MALAYSIA SEBUAH ORGANISASI PEMBANGKANG? ATAU SEKADAR MAIN PERANAN
TINDAKAN SIVAKUMAR TIDAK BOLEH DICABAR DI MAHKAMAH
Adalah di luar bidang kuasa Mahkamah untuk memutuskan sama ada tindakan Speaker Perak V. Sivakumar menggantung Zambry dan Exconya betul atau salah dari segi perundangan kerana ia bertepatan dengan Artikel 72 Perlembagaan Persekutuan.
The decision by Perak assembly speaker V. Sivakumar to suspend the menteri besar and his six executive councillors as assemblymen cannot be challenged in court, the Malaysian Bar Council said today.
Council president Datuk Ambiga Sreenevasan said: “Regardless of whether the correct procedure was followed by the speaker and the Committee of Special Privileges, under Article 72 of the Federal Constitution their conduct and the validity of the their proceedings may nevertheless be outside the jurisdiction of the courts.”
She said the doctrine of separation of powers means the judiciary could not interfere in the workings of Parliament or the state legislative assemblies.
Ambiga said in a faxed statement to the media that this also means that there should be no Executive influence in the workings of Parliament and state legislative assemblies.
“We say this as it has been reported that there are attempts to lodge police reports against the speaker of the Perak state assembly, which would violate these provisions,” said Ambiga.
Ambiga said wrestling over the constitutional and legal issues would not solve the political problem in Perak.
“Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole,” she said.
Alang Bendahara /NST
The Bar Council has reiterated (corrected1) its stand on the Perak constitutional crisis — let the people decide.
Its president Datuk Ambiga Sreenevasan said snap polls were now the best solution in view of new developments involving the suspension of Barisan Nasional (BN)-appointed Menteri Besar Datuk Zambry Abdul Kadir and his six executive councillors.
Ambiga said there were differing views on whether Speaker V Sivakumar followed the correct procedure in the suspensions.
by Deborah Loh
FOTO BANTAHAN FORUM MAJLIS PEGUAM PADA 10/08/08
Gambar ketika di dalam dewan Majlis Peguam
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