Ramly Ali J (delivering judgment of the court):

This is an appeal by the appellants against the decision of the learned High Court judge dated 6 April 2011, allowing the respondents’ application to summarily strike out the appellants’ writ of summons and statement of claim pursuant to O 18 r 19(1) of the Rules of the High Court (RHC) 1980 with costs of RM3,000.

BRIEF FACTS

On 9 December 2007, the appellants were amongst a group of people (including members of the public, lawyers, human rights activists and journalists) who had participated in a peaceful walk along Jalan Tuanku Abdul Rahman to Central Market in Kuala Lumpur in conjunction with the International Human Rights Day which falls on 10 December every year.

During the event, the participants, including the appellants were ordered to disperse by the commanding officer of the police personals at the scene ie the first respondent, Che Hamzah Che Ismail. The appellants however disregarded the order to disperse. The first respondent then ordered and caused the arrests of the appellants. (There was however an issue that the arrests were made ten minutes before the time allowed to disperse had ended). It was not disputed that all the