Siti Kasim wins suit over unlawful arrest by Jawi officers
KUALA LUMPUR : The High Court here has ruled that the federal territories Islamic religious department (Jawi) and its officers unlawfully arrested and detained lawyer-activist Siti Kasim during a raid on a private fundraising dinner in 2016.
Judge Su Tiang Joo said the court was satisfied that Siti had proven her case on a balance of probabilities.
He affirmed that Siti had been present in her capacity as an assistant advocate when she was arrested at about 10.30pm on April 3, 2016, and held without basis until her release at about 2.30am the following day.
Su said the religious officers involved had neither the lawful grounds to arrest Siti nor the authority to act on offences under the Penal Code.
He awarded Siti RM160,000 in general and aggravated damages, along with RM100,000 in legal costs.
Siti filed the civil suit against Jawi and the government in September 2019, claiming compensation for wrongful arrest and illegal detention.
She contended that she suffered 'loss of freedom' for four hours after she was detained by the Jawi officers, as well as nervous shock, insult and mental anguish.
She said she was only carrying out her duty as a lawyer during the raid, and insisted that she had not obstructed the officers from carrying out their duties.
Siti was acquitted by the magistrates' court here on Aug 21, 2020, of a charge under Section 186 of the Penal Code for obstructing Jawi officer Nor Jihan Saleh during the raid, which took place at a transgender beauty pageant event.
Lawyer A Saha Deva represented Siti, while senior federal counsel Nur Irmawatie Daud appeared for the defendants.
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