There is no legal provision allowing the Federal Territory Religious Department (Jawi) to issue summons compelling any of the 100 youths arrested during a raid in a nightclub last month, to attend counselling sessions, said lawyer Harris Ibrahim.

Harris, who is representing one of the youths arrested, told malaysiakini that he received a letter from Jawi yesterday admitting that the directive to attend a counselling session issued to his client was defective.

He said the letter was in reply to their earlier enquiries into the directive which was issued under Section 58(1) of the Syariah Criminal Procedure (Federal Territory) Act 1997.

"We had looked into the relevant and could not find any provision authorising Jawi to issue a summon compelling anyone to attend counselling sessions," he added when contacted.

"We also studied the document (the directive) issued under section 58(1) of the Act and found that the section was meant for the attendance of those required to facilitate investigations and not counselling."

He said he immediately wrote to Jawi last Saturday to inform the authorities of his findings and that his client will not be attending the counselling session scheduled today, until further verification on the matter.

"Yesterday they wrote confirming there is nothing in the law that allows them to make a counselling session mandatory. They said that it was a technical mistake and that action will not be taken against my client if he does not attend."

However, he is unsure if Jawi's admission would also render the directives issued to the other youths invalid.

"I am not in the position to determine whether they can or cannot attend but if it is bad for one then it must be bad for all."

Prompt response lauded

Harris said Jawi must be commended for its swift action in responding to his enquiries.

"I have to say 'syabas' (commend) to Jawi for responding so candidly. If they had not acted fast, my client would have no choice but to challenge the directive in court - something which we wanted to avoid," he added.

On a related issue, Harris said he had not received instructions to challenge the arrest itself but viewed that the youths should get professional legal advice whether there is ground to challenge it.

"Police are subjected to the Lock up Rules and by right Jawi officers, who also have the power to arrest, must also be subjected to the same rules. Based on the reports - which also need verification- on the treatment subjected to the youths, the arrests fall short of the rules. "

He said if it can be proven that there was a breach of statutory duties, the victims are entitled under the law to claim for damages.

"Such acts should not be left unchecked. Malaysians have the bad habit of forgetting such things and we don't want things like this to be repeated. I think the arrest should be challenged because it will clear up several issues and this can improve the system," he added.