Cops want A-G to review Peaceful Assembly Act

After the spate of arresKuala Lumpur police chief Datuk Tajudin Md Isa says the police now have to work harder as the notice period for the Peaceful Assembly Act is no longer required for assemblies. – The Malaysian Insider pic, May 23, 2015.ts under the Peaceful Assembly Act (PAA) which drew widespread condemnation, police have now admitted that the controversial legislation needs to be reviewed.

This is especially so after the Court of Appeal, in the case against PKR youth chief Nik Nazmi Nik Ahmad, ruled that Section 9(5) of the Act, demanding that a 10-day prior notice be submitted before a public assembly, was unconstitutional.

Nik Nazmi was initially charged with organising the "Black 505" rally at Kelana Jaya on May 8, 2013, shortly after the 13th general elections, without submitting a 10-day prior notice to the police.

The Federal Court later acquitted Nik Nazmi after the prosecution withdrew their case.

Kuala Lumpur police chief Datuk Tajudin Md Isa admitted that the Attorney-General's Chambers (AGC) should look into the implications of the court ruling.

"The legal department needs to look at the implication of the ruling. We accept that," Tajudin told The Malaysian Insider.

"Based on that decision, we need to look again at how we are going to deal with assemblies."

He said further questions must be directed to the AGC as the police's job is merely to enforce laws.

On April 25 last year, a three-men bench at the Court of Appeal, chaired by Justice Datuk Mohd Ariff Mohd Yusof ruled Section 9(5) of the Act unconstitutional as non-compliance with the notice period requirement does not invite criminal charges.

Last week, the Federal Court struck out the government's appeal to the highest court in the country after Deputy Public Prosecutor Manoj Kurup withdrew the prosecution's case.

Accepting the court decision, Tajudin said that the police now have to work harder as the notice period is no longer required for assemblies.

"Currently, they do not need to hand in notices for assemblies. So we have to work harder," he said.

"We are worried that even if an assembly is peaceful, it will drag on, resulting in unsavoury incidents," he added.

The latest major public assembly was the anti-goods and services tax (GST) rally on May 1 which drew a crowd of more than 10,000. Tajudin said it was a peaceful rally with no one suffering any physical injuries.

He said there were efforts to provoke the police, but the officers had handled the provocation in a "professional manner".

"We, along with the organisers, tried to ensure the assembly went on peacefully. We did not have the intention to stop it," he said.

"Previously PAS organised an assembly and they followed our orders that it be held in Padang Merbok."

However, just hours after the May 1 rally, police started arresting the protesters.

In total, the police made 59 arrests, including politicians, activists and six underage youths.

Those arrested included former Bersih 2.0 chairman Datuk Ambiga Sreenevasan, PKR vice president Tian Chua, PKR secretary-general Rafizi Ramli, DAP organising secretary Anthony Loke, and Parti Sosialis Malaysia (PSM) secretary-general S. Arutchelvan.

They were all arrested under Section 143 of the Penal Code for unlawful assembly. Some were also investigated for committing acts of vandalism.

Tajudin defended the arrests.

"We identified those involved. We did not arrest randomly," he said, insisting that the police did not ill-treat any of those arrested.

He also said that they had followed the standard operating procedure (SOP) in arresting minors during the rally, a move that drew much criticism from civil society groups.

"In the initial stage of the arrests, to make investigations easier, we do not inform the lawyers. But, at the end of the day, it is compulsory for us to inform lawyers and parents," he said.

"There is not set time period, whether 10 minutes or an hour. We follow reasonable timing. But one day is not reasonable," he said.

Tajudin also said the long waiting process at the Dang Wangi district police headquarters for many politicians and activists who were arrested after the rally was due to the high volume of work at the station.

"We made a lot of arrests. Different officers made the arrest, question, and only then another officer records the statements. That is the work process. I admit that, that can take some time," he said.

- TMI