Seputeh MP's detention under ISA in 2008 unlawful, says lawyer

Kok's counsel, S.N. Nair, submitted before a three-member bench that there were overwhelming evidence negating allegations against his client, but the police proceeded to arrest and detain her.

He said the police should have instead call her for questioning to inquire about the allegations against her without effecting the warrant of arrest on her.

Nair said the High Court judge did not weigh whether the respondents had produced sufficient particulars and material evidence as proof of Kok's activities to justify her arrest and detention under Section 73 (1) of the ISA.

Kok is appealing against the High Court's dismissal of a civil suit she filed against former Home Minister Tan Sri Syed Hamid Albar, the then Inspector-General of Police Tan Sri Musa Hassan, DSP E Kim Tien and the Malaysian Government, in which she was claiming damages over her arrest and detention, allegedly over the azan (call for Muslim prayer) issue.

In her statement of claim, Kok said she was arrested at the entrance to her residence at Pearl Tower, OG Heights at 11.15pm on Sept 12, 2008 and was detained for two hours without being allowed to contact her closest relative or her lawyer.

She said she was informed at 2am the next day that she was being detained under section 73 (1) of the ISA on grounds that she had taken part in activities that could cause tension and racial clashes.

She was detained for seven days.

On April 22 last year, the KL High Court dismissed Kok's suit and ordered her to pay RM50,000 costs to the respondents.

Senior federal counsel Lailawati Ali, representing the respondents, argued that the High Court had rightly held that Kok's detention was lawful.

She said the then home minister was presented with a statement of facts before he issued the order for Kok's detention under ISA, adding that Kok's arrest and detention was lawfully carried out in accordance with the provisions under Section 73 of the ISA.

Lailawati said the High Court was correct to apply the Borhan Hj Daud & ors vs Abdul Malek Hussin case law which stated that the court would not inquire into the sufficiency of the evidence of Kok's alleged involvement in the activities.

It was sufficient for the respondents to show that there was information received by them pertaining to such activities allegedly committed by Kok in order to justify her arrest and detention, she added.