KUALA LUMPUR – The Save Malaysia rally planned for tomorrow should be allowed to happen as police’s rejection of an application for the event does not align with laws under the Peaceful Assembly Act 2012, said a human rights organisation.
In a statement today, Lawyers for Liberty (LFL) did not hold back in criticising police, pointing to how the legislation states that police must only be given notice at least five days prior to the event, with the public not required to make an application for a permit.
“The police are either ignorant or misconstruing the law; there is no application to be made for an assembly under the PAA (Peaceful Assembly Act).
“Subsequent to the receipt of the notice, the police may then impose restrictions and conditions to the rally, but there is no power for them under the PAA to outright deny anyone the right to assemble,” LFL director Zaid Malek said.
During a press conference at the Dang Wangi district police headquarters last night, Bukit Aman’s criminal investigation department director Datuk Seri Mohd Shuhaily Mohd Zain said that police had rejected an application to hold the rally as organisers had left out pertinent details in their submission.
The details missing, he said, include the location of the rally and the names of its organisers.
Commenting on reports of the press conference, Zaid said that since it is implied that police were notified of the upcoming assembly, it would be “on them” if they do not seek clarification on required specifics.
“Reading between the lines, we can infer that the notice was given five days before the event, as it was not cited as one of the reasons alleged by the police on the impropriety of the notice.
“The OCPD (district police chief) would thus have ample time to clarify with the organisers on the details of the assembly should they wish for the details to be clarified, as they are empowered to do.
“Failure to do so is on them. The police cannot now turn around and say that the organisers are in breach of the PAA requirements and thus the notice is ‘disallowed’ by way of a press conference.”
Zaid also said that while notifying police is a responsibility imposed on assembly organisers through the law, the requirement does not supersede the constitutional right to assemble peacefully under Article 10(1)(b) of the federal constitution.
“Any member of the Malaysian public who wishes to attend the rally has every right to do so, irrespective of any alleged procedural impropriety to the requirements of the PAA.
“Any harassment or warnings by the police to ordinary participants of the rally would be constitutional and illegal,” he added.
Reiterating LFL’s disappointment with how the government has allowed police to allegedly “propagate fear and intimidation” to frustrate the exercise of constitutionally guaranteed rights, Zaid called on the prime minister to put an end to the supposed “hypocrisy”.
“(Datuk Seri Anwar Ibrahim) and other Pakatan Harapan leaders who carried out countless street rallies themselves, should respect and uphold this constitutional right since they are now in power. To do otherwise would be hypocrisy of the highest order.”
Previously, it was reported that the rally, believed to be mainly organised by Perikatan Nasional Youth, will take place at Masjid Kg Baru here, with the movement calling on citizens to assemble in large numbers for the afternoon Zohor prayers.
Besides calling for charges to once more be brought against Datuk Seri Ahmad Zahid Hamidi, as the deputy prime minister had received a conditional discharge from his corruption trial last week, the movement is also calling for the attorney-general and the Malaysian Anti-Corruption Commission to be “freed from executive powers.”
Its third demand is for “fair laws to all citizens.” – September 15, 2023