There are no rules prohibiting anyone from bringing food for those being held in a lock-up, police officer Mohd Nasir Harun conceded in the Kuala Lumpur magistrate's court, at the trial of two activists.

Mohd Nasir said this under cross-examination as defence counsel Amer Hamzah Arshad attempted to establish that he had no grounds to deny T Mohan (photo:right) and T Saravanan (photo:left) permission to deliver food to14 fellow-activists being held at the Dang Wangi lock-up.

The duo, who are brothers, have claimed trial to a charge of exhibiting "unruly behaviour" on May 1, 2002.

They had allegedly shouted in the Dang Wangi police station when denied permission to deliver food to the activists who had been detained for alleged illegal assembly since that morning.

Mohan and Saravanan are alleged to have raised their voices while shouting: Apa lah, polis zalim! Hendak berikan makanan kepada tahanan pun tidak boleh! (What's this, the police are so cruel! We cannot even give food to detainees!").

The offence under section 90 of the Police Act 1960 is punishable under section 94 read with section 34 of the Penal Code, with a fine not exceeding RM500 or maximum jail sentence of six months, or both.

'No knowledge'

During the hearing today, Nasir, who was one of the arresting officers and the one who lodged the police report against the duo, admitted that "there is nothing in Rule 15 (of the 1953 Lock-up Rules) that prohibits food from being brought in for detainees".

Nasir told the court that he had not enquired whether the detainees had been given food since they were put in the lock-up.

He also claimed to know nothing of the police report made by Saravanan that afternoon alleging that the detainees had not been given food the whole day.

When asked about Rule 61 of the Prison Regulations 2000, which allows for detainees to choose whether or not to arrange for their meals, Nasir said he did not know of the rule.

He further denied knowledge of the fact that the detainees were not given food until 10.20pm on May 1.

'Not my duty'

Nasir told the court, however, that as the officer in charge of administrative matters, it was within his authority to arrest Mohan and Saravanan as he was responsible for "peace' in and around the police station.

On re-examination, Nasir said it was not his duty to find out whether or not detainees had been given their meals or not.

He also said Mohan and Saravanan had not told him that the detainees had not eaten since being arrested.

On Monday when the trial started, 30 non-governmental organisations had submitted a letter to Attorney-General (AG) Abdul Gani Patail requesting that the charge be dropped.

The letter, written by the May 1 Organising Committee and dated Sept 19, cited the good intentions behind the efforts of the duo in trying to get deliver food to their detained friends.

This was done on the advice of an officer at the police station, read the letter.

Outside the court, Amer said three requests had been made to the AG's Chambers for the charge to be dropped, without success.

Magistrate Normazaida Ahmad Narihan set Nov 29 and 30 for continuation of the hearing.