Are travel bans on investigation targets lawful without court orders?

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Travel Bans on Investigation Targets Require Court Orders, Malaysian Bar States

The Malaysian Bar has asserted that administrative travel bans imposed on individuals targeted by police investigations are unlawful without explicit court consent. These bans, along with the unauthorised leaking of investigation details, are considered breaches of law, according to the Bar's president, George Varughese. He emphasised that all individuals are entitled to the protection of their constitutional rights, irrespective of public sentiment, and that freedom of movement restrictions must adhere to due process.
Unauthorised Travel Bans Deemed Unlawful

The Malaysian Bar has strongly criticised the imposition of travel bans on individuals under police investigation, deeming them unlawful when not sanctioned by a court. Varughese highlighted that such administrative orders limiting freedom of movement constitute a breach of due process. He argued that law enforcement agencies must obtain consent from the courts, which possess the sole authority to issue such restrictions based on prima facie evidence justifying the limitations.
Constitutional Rights Must Be Upheld

Varughese stressed that constitutional rights are fundamental and must be protected for all individuals, regardless of public opinion, particularly concerning high-profile figures. He cautioned against adopting a "tit-for-tat" approach that denies individuals their rights, even if the previous administration had a questionable record on respecting individual liberties. This statement comes amidst reports of travel restrictions placed on former Prime Minister Datuk Seri Najib Razak and his wife, Datin Seri Rosmah Mansor.
Leaking of Investigation Details Condemned

Beyond travel bans, the Bar also condemned the unauthorised leaking of information, videos, and photographs related to ongoing police probes. Varughese described these leakages as unacceptable, stating they could jeopardise investigations and undermine efforts to bring alleged perpetrators to justice, which is not in the public interest. He asserted that a "trial by media" should not be permitted and that indiscipline within law enforcement agencies should not be condoned.
Expectation of Professionalism and Equality

The Malaysian Bar conveyed that the public expects law enforcement agencies to uphold the highest standards of professionalism, free from bias or prejudice. Varughese added that no special treatment should be afforded to any person, including past or present VVIPs or VIPs, as the public deserves impartial and lawful conduct from these agencies.

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Are travel bans on investigation targets lawful without court orders?

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