The High Court has ruled that the 2018 arrest and detention of lawyer and activist Siti Kasim, along with her client Anis Nur Izzaty Ruslan, were unlawful, finding that police officers involved had abused their authority and violated constitutional protections.
In a detailed judgment, Judicial Commissioner Arziah Apandi concluded that the late-night police raid on Siti’s home in June 2018 was carried out without any lawful basis. The court held that the officers had no legal justification to enter the property, describing the intrusion as trespass and the subsequent arrests as misfeasance in public office.
The court rejected claims that Siti had obstructed a public servant or committed kidnapping, stressing that such allegations were unsupported by law. It was noted that Section 186 of the Penal Code requires proof of physical obstruction or the use of criminal force, rather than verbal disagreement or refusal to comply with police instructions. The evidence presented failed to meet this legal threshold.
Siti was detained for roughly 17 hours, from shortly after midnight until late evening the following day. The court found this detention to be a clear breach of Article 5(1) of the Federal Constitution, which safeguards personal liberty. The ruling highlighted that Siti remained in custody even after a magistrate had dismissed the police application to remand her, further compounding the illegality of her detention.
The judgment also recognised that Siti was acting strictly in her professional capacity as a lawyer representing Anis at the time of the incident. Reference was made to international standards, including the United Nations Basic Principles on the Role of Lawyers, which protect legal practitioners from harassment or prosecution for actions undertaken as part of their professional duties.
Anis’ detention was similarly found to be unlawful. She was held from the night of June 23 until the early hours of the next day, with the court concluding that police officers acted with reckless disregard for the legality of their actions. Her constitutional right to personal liberty was also deemed to have been violated.
As a result, the court ordered the government to pay RM120,625 in general damages to Siti and RM53,750 to Anis. In addition, joint exemplary damages of RM100,000 were awarded, alongside RM50,000 in legal costs. The lawsuit had named 30 defendants, including police officers involved in the raid.
Siti’s arrest followed a report lodged by Anis’ mother, with allegations of kidnapping. Siti had consistently denied the claims, maintaining that she had merely assisted Anis in leaving what was described as an abusive environment. The ruling marks a significant rebuke of the conduct of law enforcement authorities involved in the case.
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