PETALING JAYA: Lawyers for Liberty (LFL) have claimed that the police investigation into the ‘Save Malaysia’ rally is a violation of the Peaceful Assembly Act (PAA) 2012. LFL director Zaid Malek argued that the police’s declaration of the assembly as unlawful for not providing adequate notice goes beyond the scope of the PAA and infringes on the Federal Constitution. Kuala Lumpur police chief Datuk Allaudeen Abdul Majid had previously stated that the rally was deemed unlawful for allegedly failing to comply with the PAA, resulting in 25 individuals being summoned for questioning.
According to Zaid, even if there was a breach of the PAA as claimed, it does not give the police the authority to declare an assembly unlawful. The right to peaceably assemble is protected by article 10(1)(b) of the Federal Constitution, making such declarations by the police unlawful. Zaid emphasized this in a statement on Monday (Sept 18).
Zaid also argued that the ongoing investigation into the alleged failure to give proper notice for the assembly is baseless. He explained that this investigation would be for an offense under section 9(5) of the PAA, which stipulates that a failure to give notice would result in a fine. However, Zaid pointed out that the Court of Appeal had already ruled section 9(5) as unconstitutional in the case of Nik Nazmi bin Nik Ahmad v Public Prosecutor in 2014 and that this decision still stands.
He acknowledged that another court of appeal bench in PP v Yuneswaran in 2015 had an opposing opinion, deeming section 9(5) as constitutional. However, Zaid clarified that this court could not overturn the previous decision as both courts hold equal authority. Only the Federal Court, a higher court, could have done so, which has not happened. Therefore, Zaid argued that the ongoing investigation lacks legal basis.
Zaid raised concerns over the implications of police investigations into PAA breaches and called on the government to prevent the police from conducting unlawful investigations. He stressed that the enforcement authorities cannot enforce what is not law and expressed shock that the Attorney-General’s Chambers allowed such investigations to proceed despite the court’s decision in 2014. Zaid demanded the police to immediately cease any investigations under section 9(5) of the PAA, emphasizing the importance of protecting constitutional and legal rights and condemning their violation by enforcement authorities.
Credit: The Star : News Feed
