Klang MP, Suaram urge cops to release 25 Poca detainees
A lawmaker is calling for the police to release 25 men detained for a month without being charged ahead of tomorrow's Deepavali celebration.
However, police said that the men are suspected members of a gang called TCB 21 and believed to be responsible for a shooting incident in Banting in September.
- UPDATED 3.40PM | Added comments from human rights NGO Suaram.
A lawmaker is calling for the police to release 25 men detained for a month without being charged ahead of tomorrow's Deepavali celebration.
Police said that the men are suspected members of a gang called TCB 21, believed to be responsible for a shooting incident in Banting, Selangor in September.
In a statement, Klang MP Charles Santiago claimed that police were "trying to shop for a charge that will stick against the men".
He said the cops also allegedly refused to release the men from custody despite two magistrates having turned down requests for a remand order.
"And the irony is that the PJ magistrate has recently ordered for their release. But the police are adamant about not following court orders.
"These men were arrested for numerous criminal offences, which they did not commit, and were never charged," Santiago said.
Why chain remand when no charge?
According to the lawmaker, the men were initially being investigated for a shooting incident on Sept 25 which saw a businessperson and his bodyguard shot several times near SMK Telok Datok.
The incident also saw several school students injured when the victims' car went out of control during the attack and rammed into the children.
Santiago claimed that the men were then investigated for other murder cases in 2016 and 2018, which saw them rearrested under the Prevention of Crime Act 1959 (Poca) and Security Offences (Special Measures) Act (Sosma) 2012.
He said that the long-standing arrest of the suspects had saddened their families, especially as they are celebrating Deepavali tomorrow.
"One of the mothers, I was told, is threatening to immolate herself if her son isn't released by Saturday, the first day of the Festival of Lights," Santiago added.
Suaram, meanwhile, questioned why police had repeatedly rearrested and remanded the group even as courts had ordered the men to be released.
"The practice of chain remand is abhorrent and a violation of the fundamental right to a fair trial. There is no excuse for the police to repeatedly arrest and rearrest anyone, especially when a magistrate court has clearly rejected further attempts of remand.
"The police action, in this case, should be considered as a contempt of court and treated as such.
"The abuse of power in such cases cannot be taken lightly, and stern action must be taken against police officers involved in the matter," its executive director Sevan Doraisamy said in a statement.
He pointed out how magistrates had rejected remand extensions for the men four times - on Oct 10, Oct 11, Oct 12 and Nov 11 - but police had instead rearrested the group on all four occasions.
The men are now being held under Poca, which allows detention without trial.
"Suaram calls for the immediate release of the detainees," Sevan said.
Cops: Gang involved in serious crimes
Meanwhile, according to a police statement, the 25 men are among 29 suspected members of the gang whom police rounded up between Oct 13 and 14 in an operation launched following the Sept 25 shooting.
Bukit Aman Criminal Investigation Department (CID) director Huzir Mohamed said the men were being investigated under Section 130V of the Penal Code for being members of an organised crime group and also probed under Sosma.
He said that investigation papers were then forwarded to the Attorney-General's Chambers, but they were found insufficient to charge the suspects under Section 130V.
"However, police investigations revealed that Geng TCB 21 is a triad which had been active in committing serious crimes such as attempted murder using firearms, discharging of firearms during riot, robbery, arson by setting fire on car and excavator machines, extortion and causing hurt, among others.
"Police have enough evidence to take preventive action against this group under POCA 1959. Thus, on Nov 12, police rearrested 25 TCB 21 gang members under this Act.
"This action was taken with the aim of maintaining peace and order, as well as to totally put a stop to this group," Huzir said.
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