KUALA LUMPUR: In order to make it clear that nobody was above the law, former inspector-general of police Musa Hassan and federal CID director Mohd Bakri Zinin had been ordered to be present in the High Court on Oct 28.
Dismissing the argument of senior federal counsel Najib Zakaria, Justice Mohd Sofian Abd Razak held firm that the duo must be in court at 8.30am to hear the verdict as to whether they had committed contempt of court.
The duo were accused of contempt following the police's decision to re-arrest two youths whom the High Court here had ordered to be released from detention under the Emergency Ordinance (EO).
Mohd Sofian said the court agreed with counsel S Sivanathan, who was representing both applicants, that Musa and Bakri be present like all other respondents.
He added that the court wanted to maintain its intergrity by sending a message to the public that nobody was above the law.
Earlier, Najib had attempted to convince the court to exempt the duo, especially Musa, who was currently performing his umrah.
R Muniyandi, 26, from Kluang and B Sasinthiran, 28, of Kuala Selangor, were detained under the EO for their alleged involvement in gangsterism and other criminal related activities.
The duo had succeded in obtaining a habeas corpus writ from the High Court here but were re-arrested immediatly after they stepped out from the Simpang Renggam detention centre in Johor.
On Sept 30, both men had succeeded in their application to initiate contempt proceedings against Musa and Bakri for not complying with the court's order to release them.
'Strange and outrageous'
In his submission, Sivananthan said he was suprised that both respondents (Musa and Bakri) had failed to respond to the affidavits filed by his clients.
"The law is clear on this, they must respond with an affidavit-in-reply and if they don't reply, they are deemed to have admitted to the allegation made by the applicants. It's extremely strange that they decided to remain silent and it's quite outrageous,” he added.
Sivananthan warned that if the court sanctioned the police's action of re-arresting suspects even when an habeas corpus application was granted, then it would make a mockery of the habeas corpus application process.
"It's a shame if the police are allowed to continue doing this,” he said.
Meanwhile, Najib argued in his submission that the contempt application had no merit and was made without basis.
He also called it an abuse of the court process.
"Even if Musa and Bakri were said to be involved in re-arresting the applicants, such act cannot per se constitute contempt of court," he said.
'The court cannot stop the police from exercising their duties. The IGP cannot be held liable for contempt under the doctrine of vicarious liability," he stressed.
Najib also noted that there was no order from the court to prevent a subsequent arrest and urged the the court to dismiss the application.
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