Contributed by Ambiga Sreenevasan
Thursday, 06 December 2007, 10:29pm
There is little doubt that Article 145(3) confers upon the Attorney General a power exercisable in his discretion to institute proceedings for an offence. The power is a wide one and as in the case of any power, the wider it is, the greater is the onus to exercise it with proportionality and even-handedness.
The Malaysian Bar is therefore shocked at the Attorney-General’s decision to prosecute 31 persons (who were allegedly involved in the illegal assembly), for attempted murder. The Malaysian Bar is further disappointed at the vigorous opposition by the Attorney-General to their bail application. Their prosecution and denial of bail pending a trial, which may be years away means that persons who are innocent until proven guilty are denied their freedom. Surely, no fundamental right is more precious than the right to life and liberty enshrined in Article 5(1) of the Federal Constitution. There is an impression that the denial of bail is being used as a punitive measure against those charged.
The Bar Council appeals to the authorities to exercise restraint in the treatment of our citizens who are exercising their constitutional rights. We do not condone physical violence against anyone including the police. Equally we do not condone violence to the spirit of the law that is there to protect all.
Ambiga Sreenevasan
President Malaysian Bar
6 December 2007
No comments:
Post a Comment