Police overstep the bounds of the law?

By Animah Ferrar

PART I : The Story

In Selangor obstruction of keADILan activities seems to have reached new and even more outrageous heights.

Last Saturday (15^th September), the President was invited as guest of honour to a Hi-Tea organized by Serdang Division. The main purpose of the event was to raise funds for Party workers to go and help with the Sarawak state election. Division leaders had ascertained from their lawyers that no police permit was required, since the Tea was to be held inside the Puchong keADILan office, that is, the official premises of the Party.

While the President was still on her way, she learned that the police, backed up by a large force from the FRU, had moved in to seal off the premises. Many Party officials and a large number of people who turned up for the function, were left standing on the road outside. Even worse, some of the organizers, who had gone there early to set things up, were trapped inside.

All the entrance roads into the commercial area where the office is located had been blocked by the police. When the President arrived, she was refused permission to enter the area. The policemen manning the road-block obviously did not have the authority to override orders given to them, but when Datin requested repeatedly to see the OCPD (who was apparently outside the office), he refused to meet her to discuss the situation. The two policemen on duty were thus left to deal with the matter alone. They had no authority to make decisions or negotiate, and their superior did not give them any support. Their frustration showed.

After the more nimble of the two police personnel had made a third trip to the keADILan office on his motorbike (he seemed shy to use his handphone within our hearing), he came back with the cryptic message that the OCPD had left and (?therefore) Datin could now enter the area. (Actually, it was presumably because by that time most people had left for an alternative location hastily arranged by the organizers).

Maybe they thought that Datin would not want to go in any more, since everyone was making for the new location. However, she decided to at least make a brief stopover at the office first. Some of the FRU were still guarding the entrance to the office, under the watchful (and rather resentful) eyes of a number of police officers. Datin greeted the few organizers who were still scrambling to transport all the food to the new location, which helped them to forget, at least for a moment, their fatigue and frustration – their President was with them, in every sense of the word.

Before leaving, on the spur of the moment Datin said, "Let’s take a picture together with the FRU, just for the memory..", and we all moved into position, with the FRU not knowing how to react. (We suspect that some of them were rather pleased). The police officer in charge was apparently also stunned for a while, because he was too late to wave the FRU away, and the deed was done before he could stop it. The resentfulness went up a notch or two.

We sped away to the new site for the high tea, where everyone was welcomed with open heart and not a little pride by the occupants of the house. It was but a humble home, but the family feeling of this gathering of keADILan members and supporters was very strong – a happy ending to a trying day.

Many thanks to our unexpected hosts, and congratulations to Serdang Division and all the supporters for your patience and determination. This is the spirit which will win us the war, even if we lose some of the battles on the way there.

PART II : Questions

1. Under what law or Act is the President of a registered political party prevented from attending a Party activity and meeting members and supporters at Party premises?
2. What crimes has the President committed, or what law(s) has she broken, that she is apparently deemed a danger to national security and can have her legitimate movements restricted?
3. How can an activity which is within the law suddenly be pronounced unlawful?
4. Why was the OCPD reluctant to meet the President? Surely he owes her an explanation for such arbitrary action, and the police personnel to whom she was obliged to direct her pleas and enquiries were not able to fulfill this function. Do the public (let alone the President of a Party) have no right to meet police officers to discuss mutual problems?
5. How often are the police going to flog the "following orders from above" routine, and at the same time be very careful not to identify the shadowy figure who is "above"? We have already figured out that this move is to keep us from harassing the relevant individual, but the downside (for the police) is that we, and the general public, become very suspicious. Who, exactly, is giving orders to the police at various levels? Is the chain of authority being followed strictly? Are certain people overstepping the limits of their authority, or encroaching on that of others? Even more disturbing a thought: are people from outside the police force giving orders to the police? If so, why are the police unable to resist this (really) illegal activity? These suspicions may be entirely baseless (and for the sake of the country we hope they are), but such suspicions will be difficult to push aside as long as police action and reaction continues to be evasive.

We face difficult times. I don’t think anyone is happy with the current situation. It is the responsibility of all parties to try to find solutions which will be acceptable and fair to everyone, but we can only fulfill this responsibility if we all work together, sincerely and honestly. Why don’t we give it a try?