FEBRUARY 1 — It’s been almost six months since the son of Pandan Member of Parliament, Datuk Seri Rafizi Ramli was attacked by an unknown individual at a shopping mall in Putrajaya.

One wonders if Rafizi knows his right to a report on the investigation status of the case involving the attack on his son.

Section 107A of the Criminal Procedure Code (CPC) allows any person who makes a police report (the informant) regarding the commission of an offence to request for a report on the status of the investigation from the officer in charge of a police station (OCPS) where he made the police report.

The OCPS must then give a status report not later than two weeks from the receipt of the request made. 

However, the OCPS is not required to provide a status report unless (a) the offence complained of is a seizable offence; and (b) a period of four weeks has lapsed from the date of the police. 

The OCPS is also not required to provide a status report if it contains any matter that is likely to adversely affect the investigation into the offence or the prosecution of the offence.

If the OCPS fails to furnish a status report after a request was made, the informant may make a report to the Public Prosecutor (PP) of the failure.

The author argues that instead of appealing to political leaders, Rafizi Ramli should use his clear legal right under Section 107A of the Criminal Procedure Code to obtain an investigation status report on his son’s assault — a practical remedy the law already provides. — Reuters pic
The author argues that instead of appealing to political leaders, Rafizi Ramli should use his clear legal right under Section 107A of the Criminal Procedure Code to obtain an investigation status report on his son’s assault — a practical remedy the law already provides. — Reuters pic

Upon receipt of the report from the informant, the PP must direct the Officer in charge of the Police District (OCPD), who is the OCPS’ superior, to furnish him with a detailed status report on the investigation that has been conducted by the police in relation to the police report.

The PP must then cause to be furnished to the informant, or direct the OCPD to furnish to the informant, a status report containing such information as may be directed by the PP.

So, instead of expressing his intention to sending a letter to Prime Minister Datuk Seri Anwar Ibrahim and Home Minister Datuk Seri Saifuddin Nasution Ismail regarding his son’s case, and proposing a No Further Action (NFA) to the case, Rafizi can avail himself of the rights accorded under Section 107A CPC.

There’s no need to be cynical. Be practical with your rights under the law.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.