Ban on lock-up attire must be made law, says Bar Council man

The government has been urged to put into law the Malaysian Anti-Corruption Commission’s decision to suspend the use of its orange lock-up attire for people under investigation when brought to court for remand applications.

Vivek Sukumaran, who is chairman of the Bar Council criminal law committee, said MACC’s administrative decision offered no lasting protection. Speaking in his personal capacity, he said Parliament should amend the Criminal Procedure Code to codify the treatment of people produced for remand.

The position should be protected by statute rather than administrative goodwill, he said.

Vivek also called for a published written directive with a stated legal basis, whether through a standing order or regulation, so that it could not be reversed without public notice.

He noted that a similar reform had been introduced in 2019 by then-MACC chief Latheefa Koya, only to be quietly reversed later without any published directive, gazette notification or parliamentary explanation.

Vivek said the entitlement must apply to every unconvicted person – even if they do not cooperate with investigations – and be extended to all enforcement agencies, including the police.

He also urged MACC to publish data on how many people had been required to wear the attire and how many were ultimately never charged or were acquitted, calling the figure “the measure of harm”.

Earlier today, MACC chief commissioner Abd Halim Aman said people under investigation would be allowed to wear ordinary clothes when brought to court, while the lock-up attire would only be required while they remained in custody.

The announcement came after Prime Minister Anwar Ibrahim said the matter had been raised in Cabinet following the use of orange lock-up attire by a former minister held in remand in connection with the royal commission of inquiry into Tabung Haji.

Anwar said people detained by MACC to assist in investigations should not be made to wear the orange lock-up outfit as it could create negative perceptions about them. Those who cooperate fully with investigations should not be required to wear orange detention attire when brought to court before being charged.