GEORGE TOWN: The eviction of 22 residents of the Taman Manggis People’s Housing Project (PPR) was labeled illegal as the process was done without a proper court order.
Mohd Khairul Azam Abdul Aziz, a lawyer representing seven of the 22 families, said the move goes against Section 7 (2) of the Specific Relief Act 1950. A notice on the matter was served on State Secretary Datuk Seri Farizan Darus today (Friday).
He said the eviction action also runs contrary to Article 13 of the Federal Constitution.
“The Penang government has indeed trespassed and committed a criminal act by threatening the residents.
“In fact, they threatened to lock the residents in their houses if they refused to cooperate during the eviction exercise on Wednesday. If that had happened, they could have been sued according to ‘habeas corpus’.
“The eviction also does not make sense, apart from it being against the government’s so-called ‘rule of law’,” he said.
Khairul Azam said the residents have also been advised to file a suit against the Penang government over the action.
“Any decision, as to whether they intend to sue the state government or otherwise, will only be known next week.
“We will see the state government in court if the affected residents intend to sue.
“I also advised them (the residents) that any discussions should only be held with a lawyer present as per Article 5 (3) of the Federal Constitution,” he added.
He said the state government’s decision to allow the affected residents to return to their homes did not arise during his discussion with the Penang government earlier.
Six of the seven families are currently seeking shelter at the Komtar walkway.
They were given temporary respite today as with immediate effect until Sunday, they would be allowed to return home.
The good news was conveyed to them by Seberang Jaya assemblyman Dr Afif Bahardin, who called on the families this morning.
Speaking to the New Straits Times, Dr Afif said he had spoken to state Local Government and Housing Committee chairman Jagdeep Singh Deo, and got the nod for the residents to return home.
However, it is understood that the residents would not be doing so.