Human rights lawyer P Uthayakumar today filed an application with the Kuala Lumpur High Court seeking to have the warrant used to arrest him last week declared null and void while looking to hold the police accountable for breaching the law.

Uthayakumar who was held for four hours by the city police last Thursday is seeking a ruling from the court to uphold the principle of audi alteram partem - the rules of natural justice - where a person has the right to be heard before a warrant is issued.

He was represented by an entourage of lawyers namely M Manoharan, VK Sharma, N Surendran and AS Dhaliwal. All of them agreed that the arrest warrant was unlawfully obtained because the police failed to inform them when applying for it despite receiving their legal notice to do so.

"I sent a notice to DSP Gan Tack Guan (city police headquarters) - which he later said he didn't have to reply to - asking to be informed when he planned to apply for the warrant so that we can present our case and rebuttal to it but they failed to do so," said Manoharan.

The police said they sought the warrant because Uthayakumar had failed to present himself in a police station to give a statement pursuant to section 112 of the Criminal Procedure Code - as a police witness.

No clear explanation

Manoharan however insisted that they needed to be present when the warrant was being applied for because the police failed to clearly explain to his client why he was being compelled to give the statement.

They asserted that Uthayakumar's arrest was because he accused the police of being behind his assault and damage to his car and it was not to obtain a statement to help investigate his police reports on the incidences.

"A report was made against me by a high-ranking police official after I said the police were the perpetrators in my cases and the reason they arrested me was not to give a statement on my earlier reports," said Uthayakumar.

The lawyer, who in May had sought temporary asylum in the United Kingdom after fearing for his life, added that even when arrested, the police did not show him the report which they were investigating.

Safeguard constitutional rights

His lawyers said the 'miscellaneous criminal application' submitted today is made with the hope of ensuring that Malaysian citizens are accorded basic constitutional rights when it came to matters of law enforcement.

"If such a disregard of the law by the police can be shown to a lawyer then what will happen to the rights of a lay-person who has lesser understanding of the principles of law?" asked Dhaliwal.

Uthayakumar's legal team are accusing the police of a clear abuse of power, while questioning the actions of a magistrate who refused to hear their applications when he was arrested.

They have also filed a certificate of urgency to the court in order for the matter to be heard expediently.

Among the respondents to the case are the Attorney-General's Chambers, the country's police chief, police officers involved in the arrest, officers involved in obtaining the warrant and the government.

"A person has to be told why he is being compelled to give a statement to the police when he is not a criminal or suspected of a crime. That was not done in this case," added his other lawyer, Sharma.

Uthayakumar who returned to Malaysia in June after the government had ensured his safety is also hoping for an independent police complaints tribunal to be set-up as it is part of the application made today.