Court appearance alongside activist sparks criticisms, deputy minister says all equal before law

A deputy minister has clarified his presence alongside Temple Preservation Action Team (Tepat) chairperson Arun Dorasamy as the latter faced court charges today, following fierce backlash from certain quarters.

Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M Kulasegaran said he had stopped by the Jawi Magistrate’s Court in Penang on the way back to Kuala Lumpur to speak to Arun on “trusting the legal process”.

“I have known Arun since I represented M Indira Gandhi in her legal challenge concerning her children,” Kulasegaran said in a statement.

“I wish to clarify that I only met Arun briefly in the vicinity of the court complex before leaving.

“I was not present in the courtroom when the charges were read and proceedings held,” he added.

He emphasised that “as always”, all parties are equal before the law, and its due processes must be respected.

Earlier, images and news reports recorded the deputy minister standing with Arun and his legal team before the activist pleaded not guilty over a charge under Section 505(b) of the Penal Code.

The section, which criminalises statements made with the intent to cause, or which may cause, disturbance to the public, carries an imprisonment term for up to two years, a fine, or both.

Avoid wrong impression

Johor PKR Youth chief Faezuddin Puad cautioned that Kulasegaran, who is DAP’s Ipoh Barat MP, might give off a certain perception due to his act of “accompanying” Arun.

“We do not want this to give the wrong impression to the people, as if the government is siding with Arun or attempting to show political support for him.

“We are also concerned that this action could damage the image of the Madani government and the prime minister in the eyes of Malaysians,” Faezuddin added in a Facebook post.

PSM central committee member Gandipan Nantha Gopalan highlighted that as an MP, Kulasegaran’s role is “not to provide support for a racist”, but to come up with better laws.

‘Like the upside-down flag case’

Expressing similar sentiments, Umno Youth chief Dr Akmal Saleh pressed the police to address why Arun was not handcuffed when independent Islamic preacher Zamri Vinoth, who was charged with a similar offence at the Kuala Lumpur Magistrate’s Court today, was restrained.

“Is the SOP (standard operating procedure) different because Arun was accompanied by a deputy minister?

“It (appears to be) the same with the upside-down (national) flag case (where) the one prosecuted is the person defending the flag, but the person who intentionally turned the flag upside-down is still free. What kind of justice is this?” Akmal said on Facebook.

Claiming that the alleged difference in treatment was an “implication” of Kulasegaran’s presence, lawyer Zainul Rijal Abu Bakar asserted that a deputy law minister should not be present alongside an accused person as this could portray interference in the judiciary.

The Malaysian Muslim Lawyers’ Association adviser warned that Kulasegaran’s actions could give an impression to the magistrate that the accused is “innocent before even being tried”.

Stressing that Kulasegaran’s presence could also “cause anxiety” to the magistrate, Zainul said: “YB deputy minister, please just do your job. Let the law run its process.”

Allegedly disturbing the peace, causing fear

Zamri and Arun both claimed trial to a charge each under Section 505(b) of the Penal Code.

In Zamri’s case, he was accused of disturbing the public peace via a Facebook post on Feb 3 regarding a gathering involving “illegal temples”.

Magistrate Faezahnoor Hassan set bail at RM4,500 in one surety and fixed April 29 for the next case mention.

Arun, who was represented by lawyers T Gunaseelan, Balwant Singh Purba, and Dickson Eng, was alleged to have caused public fear or distress via a video on his Instagram account on March 12 last year.

The activist posted bail after magistrate Nurul Ainna Ahmad set the amount at RM5,000 in one surety, with June 22 set for the next case mention.

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