July 31, 2012
Confiscation of ZUNAR's Books as well as Artwork unwarranted, says KL High Court Judge
by Koh Jun Lin@www.malaysiakini.com
The Kuala Lumpur High Court has held which a detain as well as apprehension of domestic cartoonist Zunar in 2011 was lawful, but which a one after another confiscation of his books as well as design is unwarranted.
As such, Justice Vazeer Alam Mydin Meera currently systematic which a cartoonist's functions be returned. He also systematic a justice registrar to determine a quantum of damages payable to Zunar, whose genuine name is Zulkiflee SM Anwar Ulhaque. No sequence was made as to costs.
The 
judge pronounced arresting military military military officer Arikrishna Apparau as well as investigating military military military officer Marina Hashim had a power to detain Zunar underneath Section 20 of a Printing Presses as well as Publications Act (PPPA) as well as to seize his functions underneath Section eleven of a Sedition Act.
He pronounced a officers had shown which they had reasonable drift to suspect which a contents of a book 'Cartoon-o-phobia' were seditious. Therefore, a dual laws allowed a Police to outcome a detain as well as seizure of a materials without a warrant.
The decider took note of a fact a little a cartoons indicate which a Judiciary is underneath a lift out of a Executive. "(The cartoons) might be considered as domestic joke by some, but others might regard them as being seditious. (Arikrishna) belongs to a second difficulty a reasonable conclusion by a reasonable man," he said.
However, he also pronounced it would have only compulsory a "simple determination" to arrive during a decision upon either a confiscated materials have been factious or not. Hence, one after another retention of a materials is unwarranted.
"The detain as well as seizure was for a reason. That reason was to lift out investigations to discern either a plaintiff (Zunar) had committed an offence underneath a Sedition Act, or a Printing Presses as well as Publications Act Surely it would not take dual years to make which determination," pronounced a judge.
The enlarged retention of a functions without further action is tantamount to infringement of Zunar's right's to life underneath Article 5(1) of a Federal Constitution, as offered a cartoons contributes to his livelihood. The equipment seized include 66 copies of a book as well as a A2-size collage featuring a Prime Minister Najib Abdul Razak as well as his mother Rosmah Mansor.
Justice Vazeer Alam also ruled which it was sufficient for a police military military military officer to have informed Zunar of a drift of detain in layperson's language, instead of citing a specific legislation used.
'False democrat'
Speaking to reporters later, Zunar's counsel N Surendran hailed a decision as a partial victory, but pronounced he would consider appealing a legality of his client's detention.
Zunar urged a supervision to return 408 copies of his book 'Gedung Kartoon' seized in 2009, as well as to lift a ban upon his alte! rnative books '1Funny Malaysia', 'Perak Darul Kartoon' as well as three editions of 'Isu Dalam Kartoon'.
"These books have been all criminialized underneath a PPPA. The prime minister pronounced a little time ago which he would revamp or reform a PPPA. So I would like to contend to Najib, greatfully 'tepati janji' (deliver your promise) as well as don't be a false democrat," he said.
He pointed out that, underneath Najib's Administration, cartoonists have been subjected to a many pressure from a government.
"I was detained. This never happened underneath a prior Prime Ministers," he said.
Zunar was arrested upon September 24, 2010 during a raid during his office in Brickfields in Kuala Lumpur, only hours prior to he was ostensible to launch 'Cartoon-o-phobia'.
He was taken to 6 Police stations prior to being held overnight during a Kuala Lumpur International Airport Police lock-up, as well as was expelled upon a following day. Zunar then sued Arikrishna, Marina, Inspector-General of Police Ismail Omar, a Home Ministry as well as a supervision for wrong detention.
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