‘Gathering public to demolish temple is a criminal offence’

Lawyers for the Utchimalai Muniswaran Temple in Rawang, Rajesh Nagarajan and Sachpreetraj Singh have called out against incitement postings on social media that have called the public to assemble and clear the temple as a criminal act.

“Let there be no doubt that urging members of the public to gather and demolish a functioning place of worship is a serious criminal offence under section 295 of the Penal Code.

“This is a dispute between private parties. In Malaysia, private disputes are resolved in a court of law – not by mobs or crowds with backhoes or other implements.”

Section 295 criminalises the act of injuring or defiling a place of worship with intent to insult the religion of any class. If found guilty one can be facing a two year jail term or fine or both.

The legal duo also reminded that there is a legal recourse on land disputes.

“If any party asserts ownership of the land, the lawful course is clear: commence proceedings in court, secure an order for possession, and enforce it through proper judicial process.

“There is no legal or moral basis for enforcement through mob action.”

“Until a court issues an order, no private party has authority to demolish structures or forcibly remove occupants – least of all by assembling members of the public under the guise of a “gotong-royong.”

The lawyers said this in response to a post by an activist, Fadli Salleh, who referred to a Facebook post by lawyer Aidil Khalid.

“The 14-day period agreed upon by all parties for the trespassers to vacate and clear the land belonging to Yayasan Kubra will end at 11:59 tonight. This was agreed upon during negotiations with the committee of the illegal temple itself at the Gombak District Police Headquarters.

“However, as of this afternoon, the trespassers have broken their promise and have yet to vacate the land.

“Therefore, it is announced that tomorrow Yayasan Kubra will hold a community gotong-royong to clear the land.

“Let’s all come together to help Yayasan Kubra tomorrow at 5pm. We can also break fast together.”

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