The 41 Orang Asli native rights activists now being held at the Gua Musang district police headquarters lock-up were arrested by the Kelantan Forestry Department, Kelantan police have told the activists.

The police only 'facilitated' the operation to ensure everything went smoothly, those arrested were told.

The 41 were picked up in a joint raid yesterday by the police and the Forestry Department, which moved to break up the Pos Petei anti-logging barricade near Gua Musang.

It was not made clear under which law the 41 Orang Asli defending their forest reserves were arrested, lawyer Siti Kassim, who is representing the Orang Asli activists, said in a Facebook posting.

As of the time of the posting last night, she was on her way to Gua Musang to meet her clients.

The police had earlier told Parti Sosialis Malaysia’s (PSM) Orang Asli Affairs Bureau coordinator Suresh Kumar that those arrested were being held by police based on "a memorandum of understanding" between the police and the Forestry Department.

Relating the matter in a series of Facebook postings, Suresh (photo) said the police told him that they have nothing to do with the arrests, that both the investigating officer and the arresting officers were from the Forestry Department.

The police were only on the ground to 'facilitate' matters and ensure things didn't get out of hand, he was also told.

Consulted on the matter, Siti related in another posting: "There is no such thing under the law when the liberty of a person is at stake."

Suresh had met with the police last night to check on the Orang Asli and find out more details of their arrest.

He lodged a police report against the Gua Musang district deputy police chief, who was the ground commander in yesterday's operation, the General Operations Force operations chief as well as the Forestry Department operations chief, for breaking the barricade and making the arrests.

Second police report lodged

Suresh also lodged a second police report against the district police chief for abuse of power in allowing the Forestry Department to arrest and house the Orang Asli in the police lock-up.

PSM also urged allied NGOs and Orang Asli groups to lodge similar police reports.

Meanwhile, Albert Bansa from Jaringan Orang Asal SeMalaysia (Joas) told Malaysiakini that a group of Orang Asli and allied activists had staged a vigil in front of the Gua Musang district police headquarters in support of their jailed comrades since 9pm yesterday.

Joas Semenanjung deputy president Zurdi Baharu, who was also at the vigil, told Malaysiakini that more than 50 Orang Asli activists from Kelantan, Pahang, Malacca, Johor and Negeri Sembilan, along with representatives from allied NGOs, were present.

Among the allied groups present were PSM, Amanah and Royalti Malaysia.

Zurdi said more were expected to arrive this morning as the 41 Orang Asli activists were to be taken to the Magistrate’s Court in Gua Musang for a remand hearing.

The groups also planned to mount twin protests at the Kelantan menteri besar's office in Kota Baru and in front of the PAS headquarters in Kuala Lumpur at 9am and 10am respectively today, over the arrests and the smashing of the barricade.