The Bahau Magistrate's Court has dismissed a behavioural bond application sought on 28 settlers from Kampung Gatco, Negeri Sembilan.

Magistrate Mohd Redza Ahmad Razali made the decision this morning after the settlers’ lawyer S Karthigesan argued that the bond was “not in compliance with the law”.

“It is procedurally wrong because certain mandatory components in Section 67 (of the Criminal Procedure Code) were not fulfilled. It is illegal.

“(In the end) the summons could not be sustained.

“This is justice for the settlers and they will continue defending their land,” Karthigesan told Malaysiakini when contacted.

In August, the Jempol police had sought to bond the settlers after their remand application was rejected. The settlers were first arrested on July 18, after they tried to block a lorry from removing rubber logs from the Gatco estate. 

The case was scheduled to be heard on Aug 11 but was later postponed.

Section 67 concerns "security for keeping the peace" and allows the magistrate to execute a bond, with or without sureties, on persons who are "likely to commit a breach of peace or to do any wrongful act that may probably occasion to a breach of peace" for a period, not more than six months.

Karthigesan, PSM) and and former Hindraf leader P Uthayakumar previously raised concerns that the bond, if granted, would further encourage authorities to restrict activists in the country.

The Gatco settlers have been involved in a drawn-out tussle with the authorities and private developer Thamarai Holdings Sdn Bhd over ownership of the Gatco estate.

Authorities have branded the settlers, many in their 60s and 70s, “gangsters” for causing a ruckus on government land; while settlers say they are defending their rights as bona fide settlers on the estate.

In October this year, the Court of Appeal dismissed the settlers' bid, ruling that they do not have the locus standi (legal standing) to initiate the claim on the land.