A motion censuring the Bar Council for imposing a gag order restricting Council members from discussing meeting deliberations with other lawyers is expected to be tabled at the 56th Malaysian Bar annual general meeting this Saturday.
The initial draft motion entitled No restrictions on the freedom of expression , a copy of which was obtained by malaysiakini today, seeks to remove the gag order made against the 36 Council members at a meeting on Feb 17 last year.
It urged the Council not to issue gag orders, practise censorship and/or impose any restrictions that violate basic human rights as contained under Article 10 of the Federal Constitution covering the freedom of expression and opinion.
The motion is believed to be drafted by Charles Hector Fernandez and rewritten by Malik Imtiaz Sarwar for the Bar Council Human Rights Committee before it was submitted to the secretariat.
It reminded the Council that as elected representatives of the Malaysian Bar, they should make decisions in their representative capacity as they are accountable to members.
The motion also stated that Council members with differing views on a particular subject should not be gagged but must be free to lobby for support calling for a review of the Council decision during the annual general meetings.
It also speculated whether the gag order was made after an increased media coverage on the Bars internal matters based on statements and letters.
When contacted, Council vice-chairperson Roy Rajasingham and secretary Kuthubul Zaman Bukhari both denied any knowledge of the draft motion, saying they have yet to be notified of it.
However, it is learnt that a revised version was submitted today, with copies to all office-bearers before an office-bearers meeting is convened tomorrow to decide on the inclusion of the proposed motion.
If the office-bearers decide to reject the motion, the council meeting on Friday will have to deliberate on the matter before reaching a final decision but there is also a possibility that it may be knocked out on technicality as the final date for submission expires a week before the AGM.
Legal Profession Act muzzle
In a copy of the July 2001 KL Bar Committee quarterly newsletter Relevan , Ragunath Kesavan (newly-elected KL Bar chairperson) wrote an article entitled Bar Council gag order? which questioned the logic of such a move.
The gag order presumably does not restrict publicising decisions made, merely the manner in which they were reached and the decision-making process.
In another proposed motion, the Council was censured for wilfully taking a stand in complete contravention of the express resolution of the Malaysian Bar in 1978, thereby condoning the muzzle in the Legal Profession Act 1976.
The motion seeks to remove the muzzle by ensuring that the Council calls for the repeal of Section 46A which prohibits Council members from holding office in any political parties or trade unions and other amendments made through the 1976 Bill.
The motion seeking to repeal the Internal Security Act 1960 and all preventive detention laws also blamed the Council for a possible wrong impression of condoning it by its failure to immediately and timeously protest the usage of the ISA .
The Kampung Medan issue will also be moved as a motion to seek justice for the families of the six deceased and more than 100 injured residents in last years clash.
The motion seeks the Malaysian Bars firm stand on the matter and to pursue it without fear or favour with the government, the Human Rights Commission of Malaysia, the attorney-general, the home affairs minister and the inspector-general of police.
The Bar AGM needs 2,055 members, or one-fifth of the total 10,277, for a quorum and all necessary arrangements to postpone cases fixed for hearing on Saturday have been made to ensure a full turnout. Otherwise the meeting will have to be adjourned.
An annual dinner and dance will also be held on Saturday night with a performance by the Instant Cafe Theatre group and a lucky draw.
