'Police wrong to threaten protesters with PAA'
Published: Jul 31, 2014 4:52 AM | Updated: Jul 31, 2014 8:12 AM
NGO Lawyers for Liberty today reminded the police that the Peaceful Assembly Act (PAA) 2012 is no longer "good law" after being declared unconstitutional by the Court of Appeal.
NGO Lawyers for Liberty (LFL) today reminded the police that the Peaceful Assembly Act 2012 (PAA) is no longer "good law" after being declared unconstitutional by the Court of Appeal.
This was after police issued a warning against organisers of a protest in Brickfields yesterday that action can be taken against them under PAA.
Hundreds of protestors took to the street yesterday against Islamic preacher Shahul Hamid, who they alleged insulted Hindus after a video of his speech at a surau in Shah Alam surfaced online recently.
LFL executive director Eric Paulsen (right) said that he was "shocked and appalled" by the warning issued by assistant chief of the Inspector-General of Police (IGP) secretariat, ACP Asmawati Ahmad, that the group did not issue a notice of the assembly to police beforehand.
"The police should know that after the Court of Appeal’s landmark Nik Nazmi vs Public Prosecutor decision, Section 9(5) of the Act that penalises organisers of peaceful assemblies with a fine of up to RM10,000 if they fail to provide the requisite 10 days’ notice, is no longer good law as it had been declared unconstitutional and therefore null and void," Eric said in a statement today.
Eric said that Asmawati cannot "feign ignorance" on the matter because she had received Nik Nazmi's judgement on behalf of the IGP when lawyers and activists forwarded it to her on the even of the May Day protest earlier this year.
"We would like to remind the police that Nik Nazmi’s (left) decision is a historic, the most important judgment on fundamental rights since Merdeka – that sent the clearest possible message that every Malaysian citizen can assemble peacefully," he further said.
"Needless to say, the police cannot pick and choose the laws they want to enforce or ignore court decisions they disagree with as this can only lead to further disrepute and lawlessness in the police force, and consequently a breakdown in public confidence and law and order," he added.
Eric said that unless the Federal Court reverses the Court of Appeal decision, it remains a good decision and public assembly without prior notice is no longer a "recognisable offence".
This was after police issued a warning against organisers of a protest in Brickfields yesterday that action can be taken against them under PAA.
Hundreds of protestors took to the street yesterday against Islamic preacher Shahul Hamid, who they alleged insulted Hindus after a video of his speech at a surau in Shah Alam surfaced online recently.
LFL executive director Eric Paulsen (right) said that he was "shocked and appalled" by the warning issued by assistant chief of the Inspector-General of Police (IGP) secretariat, ACP Asmawati Ahmad, that the group did not issue a notice of the assembly to police beforehand."The police should know that after the Court of Appeal’s landmark Nik Nazmi vs Public Prosecutor decision, Section 9(5) of the Act that penalises organisers of peaceful assemblies with a fine of up to RM10,000 if they fail to provide the requisite 10 days’ notice, is no longer good law as it had been declared unconstitutional and therefore null and void," Eric said in a statement today.
Eric said that Asmawati cannot "feign ignorance" on the matter because she had received Nik Nazmi's judgement on behalf of the IGP when lawyers and activists forwarded it to her on the even of the May Day protest earlier this year.
"We would like to remind the police that Nik Nazmi’s (left) decision is a historic, the most important judgment on fundamental rights since Merdeka – that sent the clearest possible message that every Malaysian citizen can assemble peacefully," he further said."Needless to say, the police cannot pick and choose the laws they want to enforce or ignore court decisions they disagree with as this can only lead to further disrepute and lawlessness in the police force, and consequently a breakdown in public confidence and law and order," he added.
Eric said that unless the Federal Court reverses the Court of Appeal decision, it remains a good decision and public assembly without prior notice is no longer a "recognisable offence".
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