The police have been rapped for their unilateral action in re-arresting former MIC branch chairperson Balakrishnan Appala Naidu despite an order from the Johor Baru High Court ordering his immediate release.

Family members, who lodged a complaint with the Malaysian Human Rights Commission (Suhakam) in Kuala Lumpur this afternoon, said Balakrishnan was rearrested by police officers on Monday before he could leave the Simpang Renggam detention centre where he was being held.

"Justice KP Gengadharan had ruled on Feb 25 that Balakrishnan's initial arrest (in April 2004) and detention was invalid and subsequently cancelled the detention order.

"However, the police rearrested him and are detaining him using the same procedure as before," said Suaram coordinator S Arutchelvan, who represented the family in their complaint to Suhakam.

He said that Balakrishnan would now undergo a 60-day remand period and possible two-year detention similar to his initial detention order made under the Emergency (Public Order and Prevention of Crime) Ordinance 1969.

Balakrishnan had been arrested last year and sent to Simpang Renggam on April 29 for allegedly being involved in gangsterism, extortion and other crimes. He has denied all accusations made against him.

"This is an issue of detention without trial. By ignoring the court order, the police have implied that the courts are unnecessary. The authorities, by their actions, are also saying that if one goes to court to seek redress, then there will be subsequent punishment," added Arutchelvan.

Hunger strike staged

Suhakam commissioner Siva Subramaniam, who met the family, was told that they had initially hesitated to execute the court order immediately and had waited until their letter was submitted to the Public Complaints Bureau for a reassurance that Balakrishnan would not be re-arrested.

Balakrishnan's fellow detainee Michael Soosai had been put thorough a similar ordeal when his court release order was also ignored by police who rearrested him minutes after he walked out of the same detention centre on Oct 20 last year.

Both men had protested their continued incarceration without trail by staging a two-week hunger strike in November 2004.

"Principles of natural justice and the fundamental right to a person's liberty have been violated in both these cases," Arutchelvan told Siva.

Balakrishnan's wife Rukumani Devi, 34 and his brother Thirumoorty Appala Naidu, 26, urged Sukaham to intervene in the case.

"We came to Suhakam before this when my brother staged the hunger strike. We have endured much pain and sadness. We have spent money on legal fees and on other related things.

"However, it has not brought Balakrishnan's freedom. When he was rearrested, the prison authorities didn't even bother to remove his handcuffs or his prison issued t-shirt. The police just rearrested him inside the prison compound," said Thirumoorty.

Taking revenge claim

He provided Suhakam with photographs and a video footage of the re-arrest. He claimed the re-arrest was violently done with his brother being manhandled and beaten.

"Police personnel from the Kluang police station who made the re-arrest did not follow proper police procedures. The police are taking revenge against my brother for reports and cases he had filed against them.

"We have always followed proper procedures, why haven't they?" said Thirumoorty.

To a question by malaysiakini , Siva said Suhakam had not gotten involved in the case earlier - despite a complaint to them - as the family had submitted a court application on the matter.

The commissioner reassured the family that Balakrishnan's case would be raised at Suhakam's next meeting on Monday.