The detention of DAP's Seputeh MP Teresa Kok eight years ago under the Internal Security Act (ISA) for seven days over the azan (call for prayer) issue is illegal and done without basis, the Court of Appeal ruled today.

It said the police have not shown a valid reason to make the arrest.

The appellate court granted Kok a sum of RM200,000 in general damages and a total of RM150,000 in exemplary and aggravated damages, after it overturned the Kuala Lumpur High Court's decision on April 22 last year that ordered her to pay RM50,000 costs.

It ruled that the exemplary and aggravated damages was warranted owing to Kok's standing as a politician and that the arrest had violated her constitutional right.

The decision was made by a three-member bench led by Justice Abang Iskandar Abang Hashim.

The other two judges were Varghese George Varughese and Zaleha Yusof.

The judgment was read by Varghese.

The Seputeh MP and DAP vice-chairperson, had named then Home Minister Syed Hamid Albar, two police officers and the government as defendants in her suit following her detention under the ISA for seven days on Sept 12, 2008

Justice Varghese in his 36-page judgment said Kok was being investigated for four issues namely the Federal Territory Islamic Department (Jawi) signages, the azan issue at the Kinrara mosque, an Utusan Malaysia report dated Sept 9, which quoted former Selangor menteri besar Dr Mohd Khir Toyo saying there are efforts to prohibit the use of speakers during azan, and a text message that alleges that she was heading a movement against several mosques.

On the allegations of the Jawi signages, the judge said there was no documentary or oral evidence adduced that she was personally implicated in the objections that was made in February 2008, although she was implicated.

“It was obvious to us that in any event, this so-called reason for belief was no longer an immediate cause for any 'threat' on Sept 12, 2008, some seven months later, when she was arrested under Section 73(1) of the ISA."

He added that with regard to the second issue on azan, the court found the nazir (supervisor) at the Bandar Kinrara 5 mosque denied that Kok was involved in the signing of the petition seeking the mosque to lower the volume.

Even so, Justice Varghese said that the petition did not touch on the lowering of azan volume but on asking mosques to lower the volume during religious talks held after subuh or maghrib.

No copies of the petition was produced by the police, the court added.

Utusan article denied

While the police officer testified that the arrest was made following the publication of an Utusan article titled “Ada usaha larang azan di masjid-masjid di Selangor”, quoting Khir, the judge said two mosque officials from Kota Damansara refuted it by lodging a police report saying they could not make the azan due to technical problems and bad weather.

“The police were also made aware of this in September prior to the arrest,” he said.

Justice Varghese also pointed out that the Utusan article did not mention Kok, who was also Kinrara assemblyperson.

On the text message, court said the police failed to show the text message cited by them, nor the source.

Justice Varghese said the arrest of the politician under the premise of threat to national security or public order was stale as it existed in February 2008 and there was no immediate or imminent need to act against her.

“In our assessment, the respondents had failed to show the court credible and sufficient material to establish that the arresting officer or his superiors had reasonable and substantive grounds to support their belief that her arrest was urgently required under Section 73(1) of ISA,” he said.

The DAP politician was represented by Sankara Nair while the respondents were represented by Tengku Amir Zaki Abdul Rahman.

Kok said she was elated with the appellate court's decision as it vindicated her and showed that she is not anti-Malay or anti-Muslim.

“The allegations made against me as shown were false but the High Court chose to ignore it and ordered me to pay RM50,000 costs,” she said.

Sankara said the decision today showed that the police must get their facts right before making any arrests.

The lawyer said his client also filed a suit against Khir following the remarks made in Utusan, but parties have reached a global settlement.