Lawyer and politician Karpal Singh today filed a suit against the police and the federal government claiming that the police had acted arbitrarily when issuing him two notifications for a same traffic offence.

The suit which named Traffic Police chief SAC II Ahmad Bahrin Idrus and the government as defendants, was filed at the Civil High Court registry in Wisma Denmark in Kuala Lumpur this afternoon.

In his affidavit, Karpal said he received two notifications of traffic offences on April 30, 2002 via registered post in relation to an alleged offence of driving above the speed limit at Km 12, Ayer Keroh in Malacca, on Jan 11, 2002.

A demand of RM110 in each of the notifications was made. The compound offer remains in force until May 30, 2002 failing which proceedings by summons will be instituted against me, said Karpal who is the registered owner of a Mercedes Benz PAJ 9898.

He said that the issuance of the two notifications for the same alleged offence by the police amounts to blatant abuse of power and negligence.

I have been subjected to double jeopardy as under the Motor Vehicles (Demerit Points) Rules 1997, I could be penalised in the form of suspension of my valid driving licence, he added.

He claimed that Ahmad had acted ultra vires the power given to him under the Road Transport Act and The Road Traffic (Compounding of Offences) Rules 1959, adding that the two notifications are null and void as they were not issued on the authority of any valid rules or power.

Acted negligently

He said that Ahmads act in issuing the two notifications are unlawful and that the traffic police chief had acted negligently and in a casual and cavalier manner.

His (Ahmads) act also foist liability on the Malaysian Government, he added.

Karpal is asking the court to declare that the two notifications are null and void , that he is compelled to accept the compound offer, and that Ahmad had acted ultra vires the power conferred on him to traffic laws.

He sought for a declaration that Ahmad had acted ultra vires , abused his power and acted negligently is issuing the two notifications. He also asked for cost and other relief deemed fit by the court.

Karpal who is also DAP national deputy chairman, told reporters that he has applied for the registrar to treat the case as urgent in order to serve the sealed copies of the suit to the two defendants as soon as possible.

I urge the government to take a very serious view of imposing compounds and indiscriminately issuing summons and threatening to arrest the motorists who have yet to settle compounds. In the event of the court ruling that the notifications and summons are unlawful and not in authority to a legal and valid power, then the police are open to damage claims, he said.

He also issued a press statement in which he stressed that the suit was filed in the public interest to seek judicial pronouncement on the legality of notifications relating to speed limit offences.

He also called upon Deputy Prime Minister and Home Minister Abdullah Ahmad Badawi to stop collecting further compound penalties from motorists until the suit is heard and finalised.

The police will have to refund all fines paid if I am successful in my suit, he said.

End the farce

In a related issue, DAP national chairperson Lim Kit Siang said Attorney-General Abdul Gani Patail should be summoned to the Cabinet meeting tomorrow to advise the immediate calling off of Ops Warta 11.

The cabinet meeting should end the farce of the Ops Warta II and the AG should advise the Cabinet and the police of the legal way to settle the three million outstanding traffic summons, he said.

He said that it was a bad reflection to both the government and the AG himself that the farce of the Ops Warta II had been allowed to drag on for so long.

Police had earlier announced that errant motorists had until May 1 to settle their compounds from the past six years or face a heavier penalty with an additional fine for ignoring the notice of offence sent to them.

Just days before the deadline, thousands thronged police stations and collection centres nationwide to settle their dues and had complained that they had not been given sufficient time.

On May 3, de facto Law Minister Rais Yatim said the police were not following the law in the implementation of Ops Warta II as the summonses must be served personally or by registered post.

He also said that it was not for the motorists to check whether they have outstanding summonses against them and that if the motorists did not receive the summonses by post, the police must find other ways to serve them.

In response to Rais statement, Abdullah said Rais should explain to the police the legal aspects of the service of summonses on traffic offenders as it was important to ensure that Ops Warta II would be implemented in accordance with the laws of the country.