The government should refrain from taking legal action against yesterday’s Perikatan Nasional-led rally, said former deputy minister Mohamed Hanipa Maidin.
This was because many of the present cabinet members “graduated” from the “school of peaceful assembly”.
Hanipa (above), who is a lawyer by profession, shared that he used to defend many Pakatan Harapan leaders against the highly controversial Peaceful Assembly Act 2012 (PAA).
“As a former human rights lawyer, I used to defend some of our current ministers when the previous government, via the police and Attorney-General’s Chambers (AGC), used to arrest and charge them in court either under the now-defunct Section 27 of the Police Act or PAA.
“Even (Natural Resources, Environment and Climate Change) Minister Nik Nazmi (Nik Ahmad) used to challenge the validity and constitutionality of some provisions in the PAA, though I was not his lawyer,” he said in a statement.
Hanipa added that he, together with Amanah president Mohamad Sabu and two others, as his former clients, challenged the constitutionality of the PAA when it was still a bill.
“We filed a judicial review and asked the court, inter alia, to issue the declaratory relief and a writ of quo warranto (by what authority or warrant).
“It is public knowledge that I used to represent, for instance, Mohamad, in many cases involving offences of alleged illegal assembly.”
The former Sepang MP said it would be “disgraceful and shameful” for the government to allow the police to continue using a lack of permit as an excuse to ban a peaceful assembly.
On Sept 11, Deputy Inspector-General of Police Ayob Khan Mydin Pitchay reportedly warned "stern action" against rally organisers and participants, at the time stating no "permit" applications were received.
In 2019, the government enacted the PAA which removed the necessity to obtain a police permit for a public gathering.
Instead, rally organisers only have to formally notify the police of the assembly five days in advance - along with permission from the owner of the gathering place.
After yesterday’s rally, Kuala Lumpur police chief Allaudeen Abdul Majid made no mention of “permits” but said the organisers failed to comply with the requirements under the PAA for a five-day notification, along with related conditions.
“It is not just about sending a letter (to the police), and that’s considered enough,” he said.
Allaudeen stressed conditions under the PAA will help police to facilitate any assembly, not only for organisers but other affected parties including those around the area.
“We will review after this to see what follow-up actions there are for us to take,” he said when asked if rally organisers will be called up for investigation.
‘Protect constitutional guarantees’
On that note, Hanipa said that the government should safeguard and protect freedom of speech and assembly, as enshrined in the Federal Constitution.
“Yes, police must secure and maintain peace and public order but such an obligation, with due respect, comes to an end when any peaceful assembly by the rakyat begins.
“Otherwise, all the embedded constitutional guarantees in Article 10 of the Federal Constitution (on freedom of speech and expression) and even the existence of Suhakam would become a mockery and sham,” he added.
Nearly 1,000 PN supporters marched from the Kampung Baru mosque and convened in the Kuala Lumpur city centre yesterday to protest the granting of a discharge not amounting to an acquittal (DNAA) to Deputy Prime Minister Ahmad Zahid Hamidi
The rally - which was branded a gathering to celebrate Malaysia Day - also demanded the independence of the attorney-general and MACC from executive interference, as well as for the law to be applied to all Malaysians. - Mkini
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