Tuesday, June 13, 2017

Court orders Jawi to name officers in transgender raid

Now Siti Kasim to face obstruction charge over transgender beauty pageant raid

KUALA LUMPUR, June 13 — Lawyer and social activist Siti Kasim is expected to be charged with obstruction during a transgender “beauty pageant” raid conducted by the Federal Territories Islamic Religious Department (Jawi) last year.
Siti, who was a guest at the event but was arrested by authorities, said in a Facebook posting that she will be charged on June 23 under Section 186 of the Penal Code, for voluntarily obstructing a public servant from carrying out his duties.
If found guilty, Siti could face two years in prison, a RM 10,000 fine, or both.
Siti Kasim said that she knew about the charge after receiving a phone call from a police officer earlier today, just hours after the High Court here, in a hearing related to Siti Kasim’s planned civil suit against Jawi regarding her arrest that night, ordered Jawi to release the details of officers involved during the raid.
“Hmmm... very interesting indeed..... coincidence?” she wrote on her Facebook account on the information regarding her charge being relayed right after the court ruling.

Siti Kasim claimed that she was arrested during the April 3 raid by the officers despite identifying herself as a lawyer and as a guest during the dinner.
She was later kept waiting for several hours at the Dang Wangi district police headquarters before being told that she was not under arrest.

Siti Kasim had sought a court order compelling Jawi to name the officers who conducted the raid, for the purposes of her civil suit against the department.

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Court orders Jawi to name officers in transgender raid 
http://www.themalaymailonline.com/malaysia/article/court-orders-jawi-to-name-officers-in-transgender-raid#sthash.VB5SYJ48.dpuf

KUALA LUMPUR, June 13 ― The High Court here ordered the Federal Territories Islamic Religious Department (Jawi) today to release details of the officers involved in last year’s raid at a purported “beauty pageant” for transgenders.
Lawyer Surendra Ananth, representing Siti Kasim who plans to sue Jawi raiding officers for her wrongful arrest, said Justice Faizah Jamaludin allowed the “pre-action” order to obtain within 14 days details of the officers who raided the event in April last year at Renaissance Hotel here.  
“The judge allowed the application. The government, which is the defendant, has 14 days to divide the names and titles of the Jawi officers involved in the incident,” he told Malay Mail Online when contacted.
“Siti will be filing a suit against the government and the officers for wrongful arrest and detention once we get the details,” he added.
Jawi officers raided the event on April 3 last year and arrested Siti then, claiming that the function was unlawful as it was supposedly a beauty pageant held for trans women.
Siti said she was present as an invited guest at the closed-door dinner event and that Jawi officers did not state the reason for their intrusion, adding that they had sought to detain all present at the dinner without informing them of their alleged offence.
Siti also added that she had identified herself as a lawyer, but Jawi’s enforcement officers did not respond then to her queries on the alleged offence that led to the raid, adding that these officers who were unaccompanied by the police had failed to show any arrest warrants.
She said one of Jawi’s enforcement officers finally told her the alleged offence was the organising of a beauty pageant, but the officers failed to state any legal provision for this and had ignored her attempts to explain that the event was a dinner.
Siti had accused Jawi of abusing their powers by bringing her to the Dang Wangi police station, where she was allegedly told to wait for several hours before she was allowed to leave as she was not under arrest.
The activist and lawyer in November last year filed for a court order against Jawi and the government to ask for information on the raid and raiding officers, which would be necessary for a lawsuit, after Jawi ignored her letter of demand.


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Mahkamah arah JAWI dedah maklumat anggota terbabit serbuan


Mahkamah Tinggi Kuala Lumpur hari ini memberi Jabatan Agama Islam Wilayah Persekutuan (JAWI) 14 hari untuk mendedahkan butiran anggotanya yang terbabit menangkap peguam Siti Zabedah Kasim semasa serbuan di sebuah acara anjuran golongan transgender pada April tahun lalu.
Peguam Surendra Ananth berkata keputusan itu dibuat oleh Pesuruhjaya Kehakiman Datin Faizah Jamaludin yang membenarkan permohonan Siti dalam kamar pagi ini.
"Hakim mengarahkan kerajaan persekutuan untuk menyediakan nama, kedudukan dan butir-butir mengenai anggota penguatkuasa yang terlibat dalam penangkapan itu dalam tempoh 14 hari," katanya kepada Malaysiakini.
Surendra berkata permohonan itu berkaitan dengan niat anak guamnya untuk memfailkan saman terhadap JAWI berhubung penahanannya kerana didakwa mengadakan pertandingan ratu cantik di sebuah hoel pada 3 April tahun lalu.
"Isunya ialah kita tidak mempunyai nama-nama anggota yang terlibat.
"Jadi (permohonan) ini adalah pra-tindakan dalam usaha untuk meneruskan saman itu,” katanya selepas keputusan itu disampaikan dalam kamar.
Dalam saman pemula yang difailkan oleh Mark Law Chambers pada 20 Oktober lalu, Siti memohon perintah mahkamah supaya JAWI membekalkan beliau dengan butiran anggota berkenaan.

Ketika itu, Siti menegaskan bahawa majlis yang diadakan  adalah acara makan malam tertutup dan bukannya pertandingan ratu cantik, tetapi mendakwa ini tidak dihiraukan oleh pihak yang membuat serbuan.
Beliau juga mendakwa bahawa pegawai penguatkuasa JAWI menyalahgunakan kuasa mereka dengan mengheretnya ke Balai Polis Daerah Dang Wangi.


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