A total of 89 people were today charged with illegal assembly at the Selayang Sessions Court and the Kuala Lumpur Magistrates' Court following their arrest in the Hindraf rally on Sunday.

Of the 89, 40 were charged at the Selayang Sessions Court with allegedly taking part in an illegal gathering at the Batu Caves temple on Sunday morning on Nov 25.

They were charged under Section 27 of the Police Act which stipulates the need for a police permit to gather in a public place.

These protesters were part of a larger crowd that had gathered at the temple in the early hours of last Sunday, with the intention of participating in the Hindraf-organised rally later that morning at Jalan Ampang.

About 1,000 people who had gathered at the temple since late Saturday night were forcibly dispersed by the Federal Reserve Unit using tear gas and water cannons.

Security was very tight at the Selayang Sessions Court with seven FRU trucks and about 30 police personnel on standby.

The Kuala Lumpur and Selangor Bar has sent lawyers to assist the 40. Bail was set at RM1,000 for the accused.

Five others who were also to be charged today were absent today. The court was told that three of them were on medical leave while two were missing.

Two charges in KL

Meanwhile at the Kuala Lumpur Magistrates' Court, 49 people were accused of committing two offences under Section 141 and 145 of the Penal Code for illegal gathering and defying police orders to disperse respectively.

The accused persons were also given the option of pleading guilty to committing an offense under Section 27 of the Police Act, which is for gathering without a police permit.

However the defendants opted to claim trial to both the charges under the Penal Code.

These accused persons in Kuala Lumpur were offered a bail of between RM1,500 and RM3,000 each.

Fifteen people failed to post bail and have been taken to the Sungai Buloh prison to be remanded.

Their cases will be heard between Jan 3 to Feb 11. If they are unable to pay bail, they would be held until the court hearing.

There were also five people absent from the court today in Kuala Lumpur. One was on medical leave while another had to sit for an exam. The court however issued arrest warrants for two of the other three absentees.

Variation of bail amount and hearing date was due to the big group of people being charged and to accommodate the situation, the prosecutors had assigned the case to be heard in four separate courts, each with its own set of prosecutors and magistrates.

Under the Police Act, anyone taking part in an illegal gathering is liable, upon conviction, to a fine of RM2,000 to RM10,000 or imprisonment of not more than a year.

And for those found guilty of Section 141, a jail sentence of up to six months and/or a fine of RM2000 awaits them.

Under Section 145 of the Penal Code, those found guilty are liable to a penalty of maximum two years jail and a fine at a sum decided by the magistrate.

Revision again Klang decision

Meanwhile, the Attorney-General's Chambers today applied for a revision of a Session Court's decision to free three key leaders of Hindu Rights Action Force (Hindraf) of a sedition charge on Monday.

The notice of motion was filed at the High Court Registry in Shah Alam this afternoon. The matter is expected to be heard next week.

Three Hindraf leaders - P Uthayakumar, 46; P Warthamoorty, 41; and V Ganabati Rao, 34; - were charged on Friday with making seditious remarks in Tamil at the Yuen He Restaurant in Sungai Rambai, Jalan Batang Berjuntai, Kuala Selangor, between 8.30pm and 11.15pm on 16 Nov.

However on Monday, Klang Session Court judge Zunaidah Mohd Idris granted them a discharge not amounting to an acquittal after ruling that the charge was unclear because the prosecution did not attach transcripts of the alleged seditious remarks in Tamil.

Last Sunday, about 30,000 people - mostly Indians - gathered at Jalan Ampang in Kuala Lumpur to participate in a rally organised by Hindraf to submit a memorandum to the British High Commission.

The authorities however had denied permit for the rally and obtained a rare court order restraining the public from taking part in the gathering. The police had used tear gas and water cannons to disperse the crowd.