KUALA LUMPUR (March 6): The late Tun Daim Zainuddin's family has filed a suit challenging the police investigations against them for allegedly committing activities detrimental to parliamentary democracy.
In the originating summons (OS) filed on Friday, Daim's widow Toh Puan Na'imah Abdul Khalid, along with four other plaintiffs, have sought a declaration that the police's "commencement" of an investigation under Section 124B of the Penal Code against them was unconstitutional, in bad faith, and was an abuse of statutory powers.
The suit also seeks a declaration that the investigations violate the plaintiffs’ fundamental liberties as stipulated in the Federal Constitution.
Amongst others, they also want a court declaration that Section 124B of the Penal Code is unconstitutional, as it is "vague, overboard, ambiguous and disproportionate in its scope" and contravenes the rights guaranteed by the Federal Constitution.
Section 124B states that whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy, shall be punished with imprisonment for a term which may extend to 20 years.
The other plaintiffs in the suit are Na'imah's children Muhammed Amir Zainuddin and Muhammed Amin Zainuddin, and lawyers Amir Zharif Abdullah and Nizamuddin Hamid.
Prime Minister Datuk Seri Anwar Ibrahim, Inspector-General of Police Datuk Seri Mohd Khalid Ismail, and the government are named as the defendants.
In the supporting affidavit for the application, Nizamuddin said this issue concerns the arbitrary use of the authorities' powers and is a matter of public interest.
"I further state that the reliefs sought herein is a matter of public interest and/or of significance constitutional importance.
"I aver that it is crucial for this Honourable Court to grant the orders sought herein, as it would protect not only the plaintiffs herein, but Malaysian citizens as a whole, from the arbitrary and disproportionate exercise of state power under an oppressive law, which I believe as advised upon the grounds above, is unconstitutional," he said.
The investigations originate from a police report made by a local editor which singled out Daim's widow and alleged a scheme by a group planning to use at least five international media outlets to put pressure on Anwar and Malaysian Anti-Corruption Commissioner (MACC) chief Tan Sri Azam Baki.
Both lawyers Amir Zharif and Nizammuddin were also named in the report.
Na'imah along with Nizammuddin have rubbished the claims, with Nizamuddin calling it the "mother of all lies" and Na'imah saying that they were “false and preposterous”.
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