Maria Chin sues gov't for 'unlawful detention', seeks damages
Petaling Jaya lawmaker Maria Chin Abdullah has sued the government over her 10-day detention prior to the Bersih 5 rally in 2016.
Maria, who was then Bersih chairperson, claimed that her incarceration under the Security Offences (Special Measures) Act 2012 was unlawful...
Petaling Jaya lawmaker Maria Chin Abdullah has sued the government over her 10-day detention prior to the Bersih 5 rally in 2016.
Maria, who was then Bersih chairperson, claimed that her incarceration under the Security Offences (Special Measures) Act 2012 was unlawful.
She also named the inspector-general of police and home minister as defendants in the suit filed in August by Messrs Daim and Gamany.
In her statement of claim, Maria said she was arrested on the afternoon of Nov 18, 2016, at her office in Petaling Jaya.
The next day, she was detained by ASP Wan Aedil Wan Abdullah under Sosma and investigated under Section 124C of the Penal Code for activities detrimental to democracy.
On Nov 22, Maria's son filed a habeas corpus application and she was released on Nov 28, a day before the scheduled hearing.
She claimed that her detention was to create fear to intimidate people from attending the Bersih 5 rally. Maria further claimed that there was no justification for her arrest.
Maria claimed that she had been subjected to inhumane conditions while under detention as she suffered from hypertension and was placed in a cell with no pillows or mattress.
She is claiming general, exemplary and additional damages for her detention.
Meanwhile, the government in its defence said it acted following a report by one Wan Ahmad Zakiman Wan Ismail, based on an article published in the Malay Mail.
Following the publication of the article, several police reports were lodged.
The police further denied her detention was unlawful and explained that investigations were carried out under Section 124C as there had been reasonable belief that the offence was being committed.
The police further said that Maria's rights were explained to her during the course of the investigation, and she was given ample medical treatment while under detention.
The case came up before Kuala Lumpur High Court judge Justice Nik Hasmat Nik Mohamed who fixed Jan 16 for further case management for both parties to file their agreed and disputed facts in the case.
Previously, Maria also filed a defamation suit against Sungai Besar Umno division chief Jamal Yunos following his claim that Bersih organisation was influenced by the Islamic State. He was ordered to pay RM300,000 in damages.
