
By Zaid Malek
We refer to the media statement by the police urging the people not to participate in the upcoming anti-graft rally this Saturday.
The police have no power to declare an assembly unlawful; the Peaceful Assembly Act 2012 (PAA) only requires that notice be given and this duty is only imposed on the organisers.
Even if there is non-compliance over the notice, this does not affect the right of anyone who would want to peacefully assemble.
In any event, the PAA was fully complied with by the People Hate Corruption Secretariat.
Permission from owners or occupiers of premises does not arise, as the rally will be held in public places. Dataran Merdeka and the road in front of Sogo would fall under the definition of a “public place” under Section 3 of the PAA.
The police and the home minister are both deliberately ignoring the provisions of the PAA.
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The lack of cooperation by the police is clear from the fact that they have refused to respond to the organising secretariat’s written request for a meeting to discuss matters arising from the planned rally. It shows their intention to hinder the rally from taking place.
This tactic of imposing unlawful and unnecessary requirements is a tactic we have seen before under the old Barisan Nasional government. It is sickening that it continues under the “unity government” led by Pakatan Harapan.
During Bersih 4, PH leaders had condemned this same demand by the police to obtain permission to enter Dataran Merdeka (Independence Square). It is thus sheer hypocrisy for Home Minister Saifuddin Nasution Ismail and the “Madani” government to insist we now get permission to march to Dataran.
Saifuddin’s statement that if you wish to gather in front of Sogo, then you must obtain the permission of the Sogo Kuala Lumpur owners is the most ignorant and reckless statement by a home minister in recent times. It defies both logic and law.
Following this absurd logic, no public gathering can take place in Malaysia so long as surrounding building owners object to it.
Why is the government so afraid of an anti-corruption rally when government leaders have made a boast of fighting corruption?
Instead of placing obstacles and resorting to intimidation of the public who wish to gather, the police should drop their unlawful conditions that permission be obtained. The government should ensure that the anti-graft rally goes on as scheduled without interference.
Zaid Malek is the legal advisor of the People Hate Corruption Secretariat and director of Lawyers for Liberty.
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme