Freedom of expression should not be compromised on grounds of mere technicality, human rights group Suaram said in response to the High Court's decision to injunct the Bar Council from holding an extraordinary general meeting to discuss allegations of impropriety against the Chief Justice.

"The decision of Justice Dr R.K. Nathan to stop the EGM of the Bar Council from debating the growing crisis in the Malaysian judiciary, in particular, the independence of the judiciary and Chief Justice Eusoff Chin, has disappointed the Malaysian public," Suaram coordinator S. Arutchelvan said in a press statement today.

High Court judge Nathan granted an injunction preventing the Bar from convening the EGM scheduled for today on the basis that the council failed to confirm that de facto law minister Rais Yatim made the statement he was purported to have made.

Rais had said in a radio interview in Australia that the government had intimated to Eusoff that socialising with a lawyer was "improper behaviour" ([#1] Radio Australia's interview with Rais Yatim[/#] , May 30).

In response, Eusoff, whose photos with prominent lawyer V.K. Lingam during their New Zealand holiday six years ago were posted on the Internet since early 1988, has claimed that their meeting was coincidental.

The EGM was to have discussed a proposed resolution calling for the establishment of a tribunal or royal commission of enquiry to look into allegations against Eusoff.

Lawyer K. Raja Segaran had, on Monday, filed a suit against the Malaysian Bar and 11 Bar Council members seeking a declaration from the court that the meeting as well as a circular issued to inform lawyers of the EGM is ultra-vires the Legal Profession Act, contemptuous and seditious.

Arutchelvam said the issue is not whether the Bar Council had verified the statements made by (Minister in the Prime Minister's Department) Rais Yatim but whether the judiciary is in favour of protecting the freedom of expression.

He said the judge should have been aware that the statements made by Rais was aired on Australia's Radio National and transcripts are available on the Internet.

"It now stands as another excuse from the judiciary to forbid discussions of national and public importance on the very institution that is looked upon by the public to protect that right to freedom of expression," said Arutchelvan.

Meanwhile, two other NGOs, the Malaysian Chinese Organisations Election Appeals Committee (Suqiu) and People are the Bosses, urged Rais to stand firm in his Radio National comments regarding the photographs of Eusoff and Lingam on holiday in New Zealand.

"We believe that the proper conduct of judges and officers of the AG Chamber is vital to maintain the public confidence or our once-celebrated judiciary system," the Suqiu committee said in a faxed statement.

Suqiu is a coalition of Chinese organisations which put forward a list of demands in the run-up of the last general elections, signed by 2,095 bodies nationwide.

The demands relate to issues of national unity, reform of political organisations, human rights, economy and social development, education, multi-culturalism, environmental protection, women, media, workers and indigenous people.

Pro-democracy group Bosses added that "it is worrying that the minister's credibility will be in jeopardy if his comments broadcasted abroad is seen as unsubstantiated at home."