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2011 MarsdenLR 733

COURT OF APPEAL PUTRAJAYA
SIVARASA RASIAH & ORS – Appellant
Versus
CHE HAMZAH CHE ISMAIL & ORS – Respondent


Petitioner Advocates:Edmund Bon Tai Soon ,Respondent Advocate: Azizan Md Arshad,Habibah Haron,Andi Razalijaya

Table of Content
1. peaceful assembly leading to police intervention. (Para 2 , 3 , 4 , 5 , 6)

[1] 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 (RHC) 1980 with costs of RM3,000.

Brief Facts

[2] 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.

[3] 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 1st respondent, Che Hamzah Che Ismail. The appellants however disregarded the order to disperse. The 1st respondent then ordered and caused the arrests of the appellants. (There was however an issue that the arrests were made 10 minutes before the time allowed to dis

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